Petitioners sought quashing of an FIR based on a compromise between the parties. The court allowed the petition, quashing the FIR and all criminal proceedings in reliance on the Full Bench judgment of Kulwinder Singh.
FIR No.158 dated 7.8.2012 and all criminal proceedings emanating therefrom are 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-M-10545 of 2013 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-10545 of 2013 (O&M). Date of decision: May 15, 2013.
Mahabir Singh etc.
..... Petitioners
Versus
State of Haryana etc.
..... Respondents
*** * * CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI PRESENT: Mr.Ashish Yadav, for the petitioners. Ms.Shalini Attri, DAG., Haryana.**
M.M.S. BEDI, J (ORAL).
The petitioners, on the basis of compromise, seek quashing of FIR No.158 dated 7.8.2012, under Sections 403, 406, 467, 468, 471 & 120-B IPC registered at Police Station, Palam Vihar, Gurgaon.
The said FIR was registered at the instance of Naveen Kumar respondent No.2 alleging that the petitioners owed money to the complainant and misappropriated the said amount. The FIR was registered under the directions of Magistrate under Section 156 (3) Cr.P.C. A compromise deed EX.P2, has been filed. Respondent No.2 agreed that the matter has been compromised. Statements of the parties have been recorded.
A report has been received that the matter has been
1
CRM-M-10545 of 2013 (O&M)
voluntarily compromised.
The petition is allowed. Following the Full Bench judgment of this Court in case Kulwinder Singh and others Vs. State of Punjab, 2007(3) RCR (Crl.), Page-1052, the above said FIR and all the criminal proceedings emanating therefrom are hereby quashed on the basis of compromise.
(M.M.S. BEDI) JUDGE
May 15, 2013. rka
2
2 issues framed by the court
Whether an FIR registered under Sections 403, 406, 467, 468, 471 & 120-B IPC can be quashed on the basis of a compromise.
Whether the Full Bench judgment in Kulwinder Singh and others Vs. State of Punjab applies to quash the criminal proceedings herein.
Colour shows how this judgement treated each authority
Kulwinder Singh and others Vs. State of PunjabFollowed¶17
Kulwinder Singh and others Vs. State of Punjab, 2007(3) RCR (Crl.), Page-1052
3 provisions across 3 enactments
Mahabir Singh etc.
State of Haryana etc.
M.M.S. BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
