Quashed

Shyam Mandal and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC25 Sept 2013CRM-M/17367/2013

Case brief

AI extract

What is this about?

The single judge quashed the FIR and consequential proceedings for offences under the IPC, holding that since the parties had reached an amicable settlement and recorded joint statements, no useful purpose would be served in prolonging the litigation.

What did the court decide?

FIR No. 253 dated 29.09.2010 and all consequential proceedings quashed qua the petitioners.

Shyam Mandal and Ors. Vs State of Haryana and Ors. — Quashing and FIR | Punjab & Haryana HC (2013)

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Crl. Misc. No. M-17367 of 2013 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Crl. Misc. No. M-17367 of 2013 (O&M) Date of decision : 25.09.2013

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Shyam Mandal and others

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....Petitioners

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versus

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State of Haryana and others

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...Respondents

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CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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Present: Mr. Rajesh Lamba, Advocate for the petitioners

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Mr. Shivendra Swaroop, AAG, Haryana

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RITU BAHRI , J. (Oral)

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Quashing of FIR No. 253 dated 29.09.2010 under Sections 148/149/323/452/506/380 IPC, registered at Police Station Sector 31, Distt. Faridabad is sought on the basis of compromise dated 02.05.2013 (Annexure P2).

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F.I.R has been registered at the instance of respondent No. 2 on the allegations that on 28.09.2010 when the son of the complainant i.e Sahid reached Rajive Nagar Masjid, then Raju and Shankar met him. They beat the son of the complainant and brought him to Rajive Chownk. On coming to know, the complainant got his son free and took him to his shop. At about 10.30 P.M, Rajesh, Sunil, Vijay Shankar, Shyam, Vinod, Raju, Shankar, Situ, Dudu and 5-6 other persons armed with lathi, danda sariya came to the house of the complainant and starting hitting Arora Gaurav the son of the complainant Jahid, Isuf, Sahid, Jamiula (wife of the2013.10.31 16:45 I attest to the accuracy and integrity of this document

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-2-

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Crl. Misc. No. M-17367 of 2013 (O&M)

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complainant) with lathi, danda sariya and panches. Crowd got collected. Ramesh, Raji, Iqbal, Prem Singh came there and got them free. The accused persons took away 4 tola gold, Rs. 10,000/- and while going, they threatened to kill. In the above background, F.I.R was registered against petitioners.

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During the pendency of the trial, the parties have amicably settled the matter, vide compromise deed dated 02.05.2013 (P-2).

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In compliance of order dated 23.05.2013, the parties got recorded their statements. Report of Distt. And Sessions Judge, Faridabad has been received in this regard. As per report, statement of the complainants-Sahid, Ishak, Jahid, Ishub, Jamila and Ramesh got recorded their joint statement to the effect that the matter has been compromised between the parties amicably. They have no objection if the accused persons are discharged from the present case. Similarly, the accused persons i.e Shyam Mandal, Raju, Vinod, Shankar, Azad and Daddu Dass also appeared and gave their joint statement to the same effect. In view of separate statements of the parties, the court is satisfied that the compromise is valid and genuine.

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Consequently, in view of the status report and in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429, 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)

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Arora Gaurav 2013.10.31 16:45 I attest to the accuracy and integrity of this document

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Crl. Misc. No. M-17367 of 2013 (O&M)

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RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation.

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Accordingly, FIR No. 253 dated 29.09.2010 under Sections 148/149/323/452/506/380 IPC, registered at Police Station Sector 31, Distt. Faridabad is quashed with all consequential proceedings arising therefrom qua petitioners.

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The petition stands disposed of.

25.09.2013

G.Arora

(RITU BAHRI) JUDGE

Arora Gaurav 2013.10.31 16:45 I attest to the accuracy and integrity of this document

Shyam Mandal and Ors. v. State of Haryana and Ors.

Case brief

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Shyam Mandal and Ors. v. State of Haryana and Ors.

Case brief

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