Single Judge Bench allowed the petition for quashing FIR No.7 on the ground that the matter between the parties had been voluntarily compromised without any pressure or inducement, relying on the precedent Kulwinder Singh.
FIR No.7 and all criminal proceedings emanating therefrom 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 AND HARYANA AT CHANDIGARH
CRM-M-27151-2012 (O&M). Date of decision: December 13, 2012.
Harpreet Singh @ Manga @ Ghora and another
..... Petitioners
Versus
State of Punjab and another
.... Respondents
CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI
PRESENT Mr.J.S.Dadwal, Advocate, for the petitioner.
Mr.A.S.Jattana, Addl. A.G., Punjab.
M.M.S. BEDI, J. (ORAL)
Petitioners, on the basis of compromise, seek quashing of FIR No.7 dated 8.1.2012, under Sections 323, 324, 427, 148 & 149 IPC (Section 326 IPC added later on), Police Station, Shahkot, District Jalandhar, registered at the instance of Sukhjeet Singh, respondent No.2injured. The FIR was registered on the allegations that the petitioner had assaulted respondent No.2.
The parties were directed to appear before the trial Court and get their statements recorded regarding the matter having been compromised. A report has been received to the effect that the parties have compromised the matter voluntarily without any pressure or inducement.
In view of the matter having been resolved amicably, the FIR can be quashed on the basis of compromise following the judgment in case Kulwinder Singh and others Vs. State of Punjab, 2007(3) RCR (Crl.), Page-1052.
The petition is allowed. The above said FIR and all the criminal proceedings emanating therefrom are hereby quashed on the basis of compromise.
(M.M.S. BEDI) December 13, 2012. JUDGE rka
2 issues framed by the court
Whether FIR can be quashed when the matter has been substantially compromised between the parties.
Whether the petition for quashing the FIR is maintainable in view of the private settlement reached between the parties.
Colour shows how this judgement treated each authority
Kulwinder Singh and others Vs. State of PunjabRelied on¶14
Kulwinder Singh and others Vs. State of Punjab, 2007(3) RCR (Crl.), Page-1052.
Harpreet Singh @ Manga @ Ghora and another
State of Punjab and another
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
