Single judge quashed an FIR and subsequent proceedings under Section 482 Cr.P.C. based on a trial court report confirming a compromise regarding a personal nature dispute.
FIR No.43 dated 1.3.2013 and further proceedings thereunder are quashed qua the petitioners.
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
Crl.Misc.No.M-10189 of 2013 Date of decision: 26.04.2013
Sumit Poonia and others
... Petitioners
Versus
State of Haryana and others
... Respondents
CORAM: HON'BLE MR. JUSTICE K.C.PURI
Present : Ms.Minakshi Poswal, Advocate for the petitioners. Ms.Shruti Jain, AAG, Haryana. Mr.Virender Mandhar, Advocate for respondents No.2 and 3.
K.C.Puri, J.
This is a petition under Section 482 Cr.P.C. for quashing FIR No.43, dated 1.3.2013, under Sections 148, 149, 323, 324, 427 and 452 IPC, registered at Police Station Kurukshetra University, Kurukshetra, District Kurukshetra, on the basis of compromise.
The report of the trial court has been received in which it is mentioned that the complainant has entered into a compromise with the petitioners. Learned counsel for the parties have stated at the bar that the matter has been compromise. The matter involved is personal in nature.
So, in view of the above circumstances, and in view of the
authority reported as, “ Kulwinder Singh and others Vs. State of Punjab
and others ” 2007 (3) RCR (Criminal) 1052, the aforesaid FIR stands quashed qua petitioners. Further proceedings in pursuant to that FIR also stand quashed qua petitioners.
Disposed of.
26.04.2013 sd
[ K.C.Puri ] Judge
1 issue framed by the court
Whether an FIR under Sections 148, 149, 323, 324, 427 and 452 IPC registered on the basis of compromise can be quashed under Section 482 Cr.P.C.
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
1 provisions across 1 enactments
Sumit Poonia and others
State of Haryana and others
K.C.Puri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
