This oral order dismissed a petition filed under Section 482 CrPC to quash an FIR for cheating based on compromise. The Court held that since parties did not appear before the trial court to record statements, no compromise was proven and the petition is dismissed.
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 NO. M-16920 OF 2009 (O&M) DECIDED ON : 08.05.2013
Paramjeet Singh and another
...Petitioners
versus
State of Punjab and another
...Respondents
CORAM : HON'BLE MR. JUSTICE K. C. PURI
Present : Mr. Pankaj Goyal, Advocate for Mr. Sandeep Bansal, Advocate, for the petitioners.
Mr. S. S. Chandumajra, Senior DAG, Punjab.
K. C. PURI, J. (ORAL)
This is a petition under Section 482 of the Code of Criminal Procedure for quashing FIR No. 300 dated 13.08.2008 under Section 420 of the Indian Penal Code registered at Police Station Phase-I, Mohali, on the basis of compromise.
Report from the trial Court has been received in which it is mentioned that parties have not appeared for making the statements and as such, there is no compromise.
In these circumstances, the petition stands dismissed. However, the petitioners may file petition on merits, if so desired.
MAY 08, 2013 (K. C. PURI) shalini JUDGE
2 issues framed by the court
Whether the petition for quashing FIR under Section 482 CrPC based on compromise should be allowed when parties failed to appear before the trial court.
Whether absence of parties in trial court prevents establishment of compromise.
1 provisions across 1 enactments
Paramjeet Singh
another
State of Punjab
another
K. C. Puri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
