In a petition under Section 482 Cr.P.C., the High Court quashed the FIR registered for snatching of a tempo based on a report of voluntary compromise and reference to a Full Bench judgment.
FIR No. 7 dated January 9, 2008 and all criminal proceedings emanating therefrom are hereby quashed.
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CRM M-20891 of 2012
[1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CRM M-20891 of 2012
Date of Decision: December 4, 2012
Malkiat Singh @ Mangu and others
…..Petitioners
Vs.
State of Punjab and another
…..Respondents
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:Mr.Gaurav Sharma, Advocate for the petitioners.
Mr.Ankur Jain, AAG, Punjab.
-.-
M.M.S. BEDI, J. (ORAL)
The Tempo 407 belonging to complainant respondent No.2 was snatched by the petitioners as a result of which FIR No.7, dated January 9, 2008, under Sections 365, 386, 392, 148, 149 IPC was registered at Police Station, Raikot District Ludhiana.
Through instant petition under Section 482 Cr.P.C. quashing of FIR has been prayed for, inter-alia on the ground that the matter has been
CRM M-20891 of 2012 [2]
amicably settled and that the complainant is not interested to pursue the remedy against the petitioners.
Parties were directed to appear before the trial Court on the date fixed and get their statements recorded. The parties appeared before JMIC, Barnala and got their statements recorded regarding the matter having been compromised by placing on record a compromise dated July 11, 2012.
On the basis of the report that the matter has been compromised voluntarily and in view of the Full Bench judgment of this Court in Kulwinder Singh Vs. State of Punjab and others , 2007 (3) RCR (Crl.) 1052, the petition is allowed. FIR No. 7, dated January 9, 2008, under Sections 365, 386, 392, 148, 149 IPC registered at Police Station, Raikot District Ludhiana and all the criminal proceedings emanating therefrom are hereby quashed.
December 4 , 2012 (M.M.S.BEDI) sanjay JUDGE
2 issues framed by the court
Whether FIR should be quished upon settlement and volunteer compromise of the parties.
Whether the matter should be quashed on the ground of compromise and lack of interest of the complainant to pursue remedy.
Colour shows how this judgement treated each authority
Kulwinder Singh Vs. State of Punjab and othersReferred¶23
Kulwinder Singh Vs. State of Punjab and others, 2007 (3) RCR (Crl.) 1052
1 provisions across 1 enactments
Malkiat Singh @ Mangu and others
State of Punjab
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
