High Court quashed an FIR and subsequent proceedings under Section 482 Cr.P.C. following an amicable settlement between parties, relying on prior Full Bench judgment regarding compromise in such cases.
FIR No.51 dated 21.04.2011 and subsequent proceedings were quashed.
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CRM-M-13357-2011 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.
CRM-M-13357 of 2011 (O&M) Date of decision: 1.4.2014
Brij Mohan @ Vicky & another
...Petitioners
Versus
State of Punjab & others
...Respondents
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Sherry K. Singla, Advocate for the petitioners. Mr. Suresh Singla, Addl. A.G., Punjab. Mr. G.N. Malik, Advocate for the complainant.
Rajan Gupta, J. (oral)
Petitioners have filed this petition under Section 482 Cr.P.C. for quashing of FIR No.51 dated 21.04.2011 (Annexure P-1) under Sections 379/34 IPC, registered at police station Nangal, District Ropar and the subsequent proceedings arising therefrom.
Learned counsel submit that during pendency of this petition, entire dispute has been amicably settled. FIR was registered at the behest of Lohari Ram respondent No.2 who is in fact, employee of Jagjit Singh. Mr. Malik, learned counsel for respondent No.2 submits that in view of settlement arrived at between petitioners and complainant, he has no objection if the present FIR is quashed.
Learned State counsel submits that investigation in the case is complete and challan has been presented in court. In view of the ratio of law laid down in Kulwinder Singh and others Vs. State of Punjab,
Singh Rajpal 2014.04.04 18:25 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-13357-2011 2
2007(3) RCR (Crl.) 1052, State will not stand in the way in case compromise is arrived at between the parties. The affidavits filed by petitioner No.1 and Jagjit Singh are taken on record as Mark 'A' and Mark 'B'.
In view of settlement arrived at between the parties and in the light of decision of the Full Bench of this court in Kulwinder Singh's case (supra), the present petition is allowed. FIR in question and the subsequent proceedings arising therefrom are hereby quashed.
(RAJAN GUPTA) JUDGE
1.4.2014 'rajpal'
Singh Rajpal 2014.04.04 18:25 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether FIR under Sections 379/34 IPC should be quashed in view of post-registration settlement.
Colour shows how this judgement treated each authority
Kulwinder Singh and othersApplied¶14
Kulwinder Singh and others Vs. State of Punjab, 2007(3) RCR (Crl.) 1052
Brij Mohan @ Vicky
State of Punjab
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
