Petitioners sought quashing of FIR under compromise. Court relied on Magistrate's report confirming amicable settlement and abatement of proceedings against deceased petitioner. FIR was quashed to promote harmony.
F.I.R. No.278 dated 26.11.2011 registered under Sections 326, 323, 324, 34 IPC is hereby quashed.
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.
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CRM-M-12343 of 2017
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-12343 of 2017 Date of Decision: 28.07.2017
Rupinder Singh and another
....Petitioners
Versus
State of Punjab and another
....Respondents
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present: - Mr. A.S. Bhatti, Advocate, for Mr. Ritesh Pandey, Advocate, for the petitioners. Mr. Rana Harjasdeep Singh, AAG, Punjab.
RAMENDRA JAIN, J. (ORAL)
Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.278 dated 26.11.2011 (Annexure P-1) under Sections 326, 323, 324, 34 IPC registered at Police Station Civil Line Batala, District Gurdaspur, on the basis of compromise (Annexure P-2).
Pursuant to the order dated 18.04.2017 of this Court, the parties appeared before the trial Court/ Illaqa Magistrate on 03.05.2017 to get recorded their statements. Learned Judicial Magistrate Ist Class, Batala has also sent its report vide covering letter having Endorsement No.171 dated 04.05.2017 which has been duly forwarded by learned District and Sessions Judge, Gurdaspur vide Endorsement No.6975 dated 05.05.2017.
According to the report, the Judicial Magistrate is satisfied that the parties have made an amicable settlement and have recorded their statements in the Court without any pressure, coercion and out of their free Ravinder Singh 2017.08.01 10:59 will. It has also been reported that petitioner No.2 Satinder Singh has died I attest to the accuracy and authenticity of this document
and proceedings against him have been abated vide order dated 22.08.2016.
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CRM-M-12343 of 2017
Considering the report of Judicial Magistrate Ist Class dated 04.05.2017 and the fact that the compromise will bring harmony in relations between the parties, FIR No.278 dated 26.11.2011 (Annexure P-1) under Sections 326, 323, 324, 34 IPC registered at Police Station Civil Line Batala, District Gurdaspur is hereby quashed.
Petition is disposed of accordingly.
(RAMENDRA JAIN) July 28, 2017 JUDGE R.S. Whether speaking/reasoned Yes/No Whether Reportable Yes/No
Ravinder Singh 2017.08.01 10:59 I attest to the accuracy and authenticity of this document
2 issues framed by the court
Whether FIR under Sections 326, 323, 324, 34 IPC be quashed on the basis of compromise and amicable settlement.
Whether quashing of FIR is in public interest considering harmony in relations between parties.
Rupinder Singh
Satinder Singh (deceased)
State of Punjab
Ramendra Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
