The High Court of Punjab and Haryana quashed an FIR registered under Sections 354, 506 and 34 IPC based on a valid compromise dated 02.02.2016, citing relevant Supreme Court judgments and a Full Bench decision to avoid prolonging litigation.
FIR No.117 dated 25.11.2013 and all subsequent proceedings arising therefrom are quashed.
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CRM-M-8015-2016
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-8015-2016 Date of Decision:- 16.03.2017
Jatinder Singh
....Petitioner
Versus
State of Punjab and another
....Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Navjinder Singh Sidhu, Advocate, for the petitioner.
Ms. Manpreet Dhaliwal, AAG, Punjab.
Mr. Swarn Tiwana, Advocate, for respondent No.2.
RITU BAHRI, J. (Oral)
Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.117 dated 25.11.2013, under Sections 354, 506 and 34 IPC, registered at Police Station Sadar Gurdaspur, on the basis of compromise dated 02.02.2016 (Annexure P-2).
Brief facts of the case are that on 23.11.2013, petitioner along with Dalbir singh son of Ajit Singh had gone to the house of the complainant Paramjit Kaur, which was under construction and it is alleged that the accused was removing earth from the boundary wall adjoining house of Jaswant Kaur wife of late Balwinder Singh and petitioner along with other co-accused went there and caught hold of the arm of the complainant Paramjit Kaur and did the obnoxious act.
Learned counsel for the petitioner submits that keeping in view
Naresh Kumar 2017.03.22 11:19 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-8015-2016
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the peace and harmony, the matter has now been amicably settled between the parties with the intervention of respectable persons, vide compromise dated 02.02.2016 (Annexure P-2).
ASI Salinder Singh, the investigating officer, has identified the complainant-Paramjeet Kaur (respondent No.2), who is present in Court.
Learned counsel for respondent No.2 has placed on the affidavit of complainant. As per her affidavit, she has compromised the mattter with the intervention of well wishers, relatives and does not want to proceed with the case further.
Consequently, in view of the above-said affidavit and in view of the judgments of the Hon'ble Supreme Court in Dr. Arvind Barsaul etc. Vs . State of Madhya Pradesh and another , 2008(2) RCR (Criminal) 910 ; Madan Mohan Abbot Vs . State of Punjab , 2008(2) RCR (Criminal) 429 and 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) RCR (Crl.) 1052 , no useful purpose would be served in prolonging the litigation.
Accordingly, FIR No.117 dated 25.11.2013, under Sections 354, 506 and 34 IPC, registered at Police Station Sadar Gurdaspur,and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise dated 02.02.2016 (Annexure P-2).
The present petition stands disposed of.
March 16, 2017
March 16, 2017 ( RITU BAHRI ) naresh.k JUDGE
| Whether speaking/reasoned | Yes |
|---|---|
| Whether reportable | No |
Naresh Kumar 2017.03.22 11:19 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the FIR and subsequent proceedings under Sections 354, 506 and 34 IPC should be quashed in light of the compromise between the parties.
Colour shows how this judgement treated each authority
Dr. Arvind Barsaul etc. Vs. State of Madhya Pradesh and anotherReferred¶25
Dr. Arvind Barsaul etc. Vs. State of Madhya Pradesh and another, 2008(2) RCR (Criminal) 910
Madan Mohan Abbot Vs. State of PunjabReferred¶25
Madan Mohan Abbot Vs. State of Punjab, 2008(2) RCR (Criminal) 429
Kulwinder Singh and Ors. vs. State of Punjab and anotherReferred¶25
Kulwinder Singh and Ors. vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052
1 provisions across 1 enactments
Jatinder Singh
State of Punjab
Paramjit Kaur
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
