Allowed

Gyan Chand and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC14 Mar 2013CRM-M/19874/2012

Case brief

AI extract

What is this about?

The High Court quashed an FIR and related criminal proceedings under Section 482 Cr.P.C. following a compromise. The court applied the Full Bench judgment in Kulwinder Singh and ordered the petitioners to deposit prescribed amounts with the Legal Service Authority and Police Welfare Fund.

What did the court decide?

FIR and criminal proceedings quashed; petitioners to deposit Rs. 5,000 with Punjab State Legal Service Authority and Rs. 5,000 with Punjab Police Welfare Fund.

Gyan Chand and Ors. Vs State of Punjab and Ors. — Cheque Dishonour | Punjab & Haryana HC (2013)

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Cr.Misc. M 19874 of 2012

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

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Cr.Misc. M 19874 of 2012 Date of decision:14.3.2013

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Gyan Chand and others

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.. petitioner

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State of Punjab and others

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... respondent

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Present Mr. MS Bal, Advocate for petitioners. Mr. GS Sidhu,AAG, Punjab

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M.M.S. BEDI,J.

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11 petitioners, through the instant petition u/s 482 Cr.P.C. have sought quashing of FIR No. 108 dated 11.7.2003 u/s 326/324/323/148/149 IPC registered at P.S. Qadian, Police District Batala on the basis of compromise.

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The above said FIR was registered at the instance of respondent No.2 Mohinder Singh alleging that the complainant and respondent Nos. 3 to 5 had been assaulted by the petitioners, constituting an unlawful assembly. The incident pertains to 29.6.2003. The matter was compromised vide compromise/ Panchayatnama (Annexure P-2).

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On notice having been issued to the State, it has been informed by learned State counsel that challan has not been presented in the case. The parties were directed to get their statements recorded by appearing before the Illaqa Magistrate. After recording the statements of the parties, the trial court has sent a report to the effect that the matter had been amicably settled and that a cancellation report has also been submitted on 17.9.2009. It appears that the cancellation report has been

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Cr.Misc. M 19874 of 2012

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accepted by the Illaqa Magistrate.

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In view of the report received from the Illaqa Magistrate, I am satisfied that the matter has been amicably compromised without any pressure, threat or inducement.

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Following the Full Bench judgment of this court in Kulwinder Singh and others vs State of Punjab and anr 2007(3) RCR (Cr.) 1052 the petition is allowed, the above said FIR and all the criminal proceedings emanating therefrom are hereby quashed subject to petitioners depositing a total sum of Rs.5000/- with Punjab State Legal Service Authority, Sector 22, Chandigarh and another sum of Rs.5000/- with the Punjab Police Welfare Fund, Sector 9, Chandigarh, within a period of two months from today.

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March 14 ,2013 ( M.M.S. BEDI ) TSM JUDGE

Gyan Chand and Ors. v. State of Punjab and Ors.

Case brief

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Gyan Chand and Ors. v. State of Punjab and Ors.

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