Allowed

Lehmbar Singh and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC21 May 2013CRM-M/11517/2013

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a petition under Section 482 CrPC to quash an FIR involving offenses under IPC sections 148, 324, and 323 read with 149. The court found that since the parties were close family members and a compromise was effected, the FIR was quashed to restore family harmony.

What did the court decide?

Impugned FIR No.138 dated 29.12.2012 and all consequential proceedings arising therefrom were quashed.

Lehmbar Singh and Ors. Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2013)

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Crl. Misc. No. M-11517 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Case No. : Crl. Misc. No. M-11517 of 2013

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Date of Decision : May 21, 2013

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Lehmbar Singh and others .... Petitioners

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Vs.

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State of Punjab and another .... Respondents

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CORAM : HON'BLE MR. JUSTICE L. N. MITTAL

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Present : Mr. Gursharan Singh, Advocate for Mr. J. B. S. Gill, Advocate for the petitioners.

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Mr. Roopam Aggarwal, DAG, Punjab for respondent no. 1.

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Mr. Ruminderjit Singh, Advocate for respondent no. 2.

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L. N. MITTAL, J. (Oral) :

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Accused Lehmbar Singh and four others have filed this petition under Section 482 of the Code of Criminal Procedure (in short – Cr.P.C.) for quashing FIR No.138 dated 29.12.2012 (Annexure P-1), under Sections 148, 324 and 323 read with Section 149 of the Indian Penal Code (in short – IPC), registered at Police Station Mehtiana, District Hoshiarpur, in view of

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Crl. Misc. No. M-11517 of 2013

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compromise effected with respondent no. 2 – complainant, who has furnished affidavit (Annexure P-2) regarding the compromise.

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I have heard counsel for the parties and perused the case file. Learned counsel for respondent no.2, on instructions from respondent no. 2 – stated to be present in person in the Court, stated that parties have effected compromise and respondent no. 2 has furnished affidavit (Annexure P-2) regarding the compromise, and therefore, respondent no. 2 has no objection if the impugned FIR is quashed.

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In appropriate cases, FIR can be quashed on the basis of compromise by exercising inherent powers under Section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in case of Kulwinder Singh vs. State of Punjab reported as 2007 (3) Law Herald (Punjab and Haryana) 2225 .

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In the instant case, parties are residents of the same village. Compromise has been effected with intervention of relatives and respectables of the village. Petitioner no. 1 is real paternal uncle of respondent no.2 – complainant. Petitioners no. 2 and 3 are sons of petitioner no. 1, whereas petitioners no. 4 and 5 are wife and daughter-inlaw respectively of petitioner no.1. Thus, parties are close family members. Respondent no. 2 suffered only simple injuries in the occurrence. Accordingly, it is a fit case in which FIR should be quashed so that the

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Crl. Misc. No. M-11517 of 2013

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parties may restore their cordial family relations and may live in peace and harmony.

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Resultantly, the instant petition is allowed and impugned FIR Annexure P-1 is quashed along with all consequential proceedings arising

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therefrom.

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May 21, 2013 ( L. N. MITTAL ) monika JUDGE

Lehmbar Singh and Ors. v. State of Punjab and Anr.

Case brief

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What did the court decide?

Lehmbar Singh and Ors. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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