This petition under Section 482 CrPC for quashing an FIR was allowed. The court accepted the report of the trial court stating that the parties had arrived at a genuine out-of-court settlement. The FIR and all consequential proceedings were quashed.
FIR No.69 dated 05.04.2012 and all consequential proceedings were 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.
CRM No.M-22494 of 2012
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-22494 of 2012 O&M)
Date of decision : 31.08.2012
Baljit Singh and others
...Petitioners
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. Hardial Singh, Advocate for the petitioners.
Mr. Amit Chaudhary, DAG, Punjab.
Mr. Parvez Chugh, Advocate for the complainant.
JITENDRA CHAUHAN, J. (Oral)
This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of FIR No.69 dated 05.04.2012, registered under Sections 406, 420, 506, 427, 120-B of the Indian Penal Code (for short, 'the IPC'), at Police Station Samrala, Police District Khanna, and all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.
While issuing the notice of motion, the parties were directed to appear before the trial Court for getting their statements recorded.
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CRM No.M-22494 of 2012
In compliance of the order dated 30.07.2012, report of learned Additional Civil Judge (Sr. Division), Samrala, dated 21.08.2012, has been received to the effect that the parties have arrived at an out of Court settlement and the said settlement is genuine and without any pressure.
In view of the above and taking into consideration the law laid down by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052, this petition is allowed and FIR No.69 dated 05.04.2012, registered under Sections 406, 420, 506, 427, 120-B IPC, at Police Station Samrala, Police District Khanna, and all consequential proceedings arising therefrom are hereby quashed.
31.08.2012
atulsethi
(JITENDRA CHAUHAN) JUDGE
2 issues framed by the court
Whether the quashing of the FIR is maintainable in view of the parties having arrived at an out-of-court settlement.
Whether the petition under Section 482 CrPC for quashing the proceedings can be allowed based on the compromise report.
Colour shows how this judgement treated each authority
Kulwinder Singh and others Vs. State of Punjab and anotherApplied¶21
2007(3) RCR (Crl.) 1052
2 provisions across 2 enactments
Baljit Singh and others
State of Punjab and another
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
