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

Punjab & Haryana HC14 Aug 2013CRM-M/14919/2013

Case brief

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What is this about?

The High Court of Punjab & Haryana, Single Judge Bench headed by Justice Ritu Bahri, accepted a petition seeking quashing of an FIR based on a compromise. Finding the settlement genuine and no useful purpose served by continuing proceedings, the Court quashed the FIR under relevant IPC sections and discharged the petitioners.

What did the court decide?

FIR No. 49 dated 21.5.2011 under Sections 452, 323, 324, 34 IPC and all consequential proceedings qua petitioners are quashed.

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

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[ 1 ]

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Crl. Misc. No. M-14919 of 2013 [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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Crl. Misc. No. M-14919 of 2013 Date of Decision: August 14,2013

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Narender Singh and another ..................... Petitioners

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Versus

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State of Punjab and others ..................... Respondents

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Coram: Hon'ble Ms. Justice Ritu Bahri

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1.To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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Present: Mr. Davinder Bir Singh, Advocate for the petitioners.

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Mr. Amrit Pal Singh Gill, AAG, Punjab.

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Mr. Arshdeep Singh Brar, Advocate for respondents No. 2 and 3.

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RITU BAHRI, J. (Oral)

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Quashing of FIR No. 49 dated 21.5.2011 under Sections 452, 323, 324, 34 IPC registered at Police Station Jodhan, District Ludhiana Rural (Annexure P1) is being sought on the basis of compromise dated 27.4.2013 (Annexure P-2).

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The FIR has been recorded on the statement made

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Kaur Rupinderby Tarlochan Singh alleging that on 18.5.2011 he along with 2013.08.16 14:08 I attest to the accuracy and integrity of this document Chandigarh

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Crl. Misc. No. M-14919 of 2013 [ 2 ]

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his wife and father were present at home. At that time Ajaib Singh and Narinder Singh armed with Danda came to the door steps of their house. Ajaib Singh came inside their house and slapped them and thereafter both of them went out. After coming out, Ajaib Singh inflicted injuries on the person of the complainant-Tarlochan Singh. The cause of dispute was that both the accused were telling the complainant to remove the brick bats lying on the street which were kept by him for construction of the house.

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During the pendency of the trial, a compromise was effected between the parties on 27.4.2013 (Annexure P2).

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In compliance of the order dated7.5.2013, status report dated 8.8.2013 has been filed by the Judicial Magistrate (Ist Class), Ludhiana. As per this report, statement of the parties have been recorded to the effect that they have compromised the matter. The complainantTarlochan Singh also stated that he has no objection if the FIR in the present case is quashed.

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In view of the statements of the parties, the Court is satisfied that the compromise arrived at between the parties is genuine and without any pressure or coercion and no useful purpose would be served by continuing the criminal proceedings.

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Consequently, in view of the above circumstances

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Kaur Rupinder 2013.08.16 14:08 I attest to the accuracy and integrity of this document Chandigarh

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Crl. Misc. No. M-14919 of 2013 [ 3 ] and in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008 (4) S.C.C. 582 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052, FIR No. 49 dated 21.5.2011 under Sections 452, 323, 324, 34 IPC registered at Police Station Jodhan, District Ludhiana Rural (Annexure P1) is quashed with all consequential proceedings arising therefrom qua petitioners.

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Petition is disposed of.

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14.8.2013 ( RITU BAHRI ) Rupi JUDGE

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Kaur Rupinder 2013.08.16 14:08 I attest to the accuracy and integrity of this document Chandigarh

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

Case brief

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

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