This one-paragraph order by a single judge quashed a criminal complaint and subsequent proceedings on the basis of a compromise reached between the parties, relying on precedent.
Quashing of complaint No.90 dated 19.7.2008 and further proceedings in pursuance thereof.
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 & HARYANA AT CHANDIGARH
Crl.M.No. M- 6910 of 2013 (O&M) Date of decision : 23.4.2013
Gurmej Singh and another
................Petitioners
vs.
State of Punjab and another
.................Respondents
Coram: Hon'ble Mr. Justice K.C. Puri
Present: Sh. B.S. Jaswal, Advocate for the petitioners.
Sh. S.S. Chandumajra, Senior DAG, Punjab.
K.C. Puri, J.
This is a petition under Section 482 Cr.P.C. for quashing complaint No.90 dated 19.7.2008 under Section (x) of Scheduled Caste and Scheduled Tribes Act, 1989 and under Sections 323, 500, 506, 109, 114, 341, 392, 342, 34 IPC titled as Major Singh vs. Gurmej Singh and others pending in the Court of Additional Sessions Judge, Amritsar, on the basis of compromise.
The report of the trial Court was called for. The report has been received in which it is mentioned that parties have arrived at a compromise.
The matter involved is personal in nature, which has been amicably settled.
So, in view of compromise and in view of authority reported as Kulwinder Singh and others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052, the abovesaid complaint stands quashed. Further proceedings, in pursuant to that complaint also stand quashed.
( K.C. Puri ) chugh 23.4.2013 Judge
2 issues framed by the court
Whether a criminal complaint under the Scheduled Castes and Scheduled Tribes Act and other IPC sections can be quashed on account of compromise.
Whether the personal and amicable settlement between parties warrants quashing of criminal proceedings for quashing.
Colour shows how this judgement treated each authority
Kulwinder Singh and others vs. State of Punjab and othersRelied on¶15
Kulwinder Singh and others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052
4 provisions across 4 enactments
Gurmej Singh and another
State of Punjab and another
K.C. Puri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
