High Court quashed FIR and further proceedings in a personal dispute settled by valid compromise, relying on Kulwinder Singh case.
FIR No. 85 dated 23.8.2009 and further proceedings in pursuance thereof quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl.M.No. M-21858 of 2012 (O&M) Date of decision : 7.9.2012
Rajesh Kumar and others
................Petitioners
vs. State of Punjab and another
.................Respondents
Coram: Hon'ble Mr. Justice K.C. Puri
Present: Sh. M.S. Bajwa, Advocate for the petitioners.
Sh. J.S. Brar, Assistant Advocate General, Punjab.
K.C. Puri, J.
This is a petition under Section 482 Cr.P.C. for quashing FIR No. 85 dated 23.8.2009, under Sections 452, 324, 323, 34 IPC, registered at Police Station Kahnuwan, District Gurdaspur, on the basis of compromise. Offence under Section 325 IPC has been added later on. So, this petition is ordered to be read in context with Section 325 IPC also in addition to the other sections.
The report of the trial Court was called for. The report has been received in which it is mentioned that valid compromise has been arrived at between the parties.
This is a personal dispute, which has been settled amicably.
So, in view of compromise and in view of authority reported as
Kulwinder Singh and others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052, the abovesaid FIR stands quashed. Further proceedings, in pursuant to that FIR also stand quashed.
7.9.2012
chugh
3 issues framed by the court
Whether FIR should be quashed on accounts of valid compromise in personal dispute.
Whether further proceedings in pursuance of quashed FIR stand extinguished.
Whether Section 325 IPC added later should be read in context of petition.
Colour shows how this judgement treated each authority
Kulwinder Singh and others vs. State of Punjab and othersFollowed¶14
Kulwinder Singh and others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052
3 provisions across 2 enactments
Rajesh Kumar and others
State of Punjab and another
K.C. Puri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
