Allowed

Sukhpal Kaur and Others v. State of Punjab and Anr.

Punjab & Haryana HC21 Aug 2018CRM-M/11203/2018

Case brief

AI extract

What is this about?

High Court of Punjab & Haryana quashed FIR No.322 registered for offences under Sections 323, 324 and 34 IPC upon a voluntary and genuine compromise between the parties, holding that continuation would not serve the ends of justice.

What did the court decide?

Impugned FIR No.322 dated 22.12.2017 registered for offences under Sections 323, 324, and Section 34 IPC and all consequential proceedings qua petitioners are quashed.

Sukhpal Kaur and Others Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2018)

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CRM-M-11203-2018

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Crl. Misc. No. M-11203 of 2018 (O&M) Date of decision: August 21, 2018

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Sukhpal Kaur and others

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.. Petitioners

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Versus

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State of Punjab and another

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.. Respondents

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CORAM: HON'BLE MR. JUSTICE SURINDER GUPTA

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Present: Mr. Deepak Aggarwal, Advocate for the petitioners.

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Mr. Ramandeep S. Sandhu, Sr. DAG Punjab.

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Mr. Nipun Gupta, Advocate for respondent No.2.

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SURINDER GUPTA, J.(Oral)

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The petitioners have filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No.322 dated 22.12.2017 (Annexure P-1), registered for offences punishable under Sections 323, 324 read with Section 34 Indian Penal Code at Police Station Nathana, District Bathinda along with all consequential proceedings arising therefrom, on the basis of compromise (Annexure P-2).

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As per case of the prosecution, the occurrence took place on 20.12.2017 in which complainant was caused simple injuries with blunt as well as sharp edged weapon by the petitioners.

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Learned counsel for the petitioners submits that the matter has since been settled vide compromise, copy of which has been placed on file as Annexure P-2.

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Learned counsel for respondent No.2-complainant endorses the

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SACHIN MEHTA 2018.08.23 17:04 I attest to the accuracy and authenticity of this document High Court, Chandigarh

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CRM-M-11203-2018

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submission of learned counsel for the petitioners and has no objection if the impugned FIR (Annexure P-1) is quashed.

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Learned State counsel has also not disputed compromise (Annexure P-2).

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In order to verify the veracity and genuineness of the settlement between the parties, they were directed to appear before the trial court and get their statements recorded. The trial court has sent its report dated 03.04.2018 stating therein that the compromise has been effected between the complainant and the accused which appears to be voluntary in nature and without any coercion and undue influence.

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Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties to this petition an opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties but also for their families and ultimately the society at large.

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For the reasons as discussed above, the instant petition is allowed and the impugned FIR No.322 dated 22.12.2017 (Annexure P-1), registered for offences punishable under Sections 323, 324 read with Section 34 Indian Penal Code at Police Station Nathana, District Bathinda along with all consequential proceedings arising therefrom, qua petitioners, is quashed.

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(SURINDER GUPTA) August 21, 2018 JUDGE Sachin M. Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

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SACHIN MEHTA 2018.08.23 17:04 I attest to the accuracy and authenticity of this document High Court, Chandigarh

Sukhpal Kaur and Others v. State of Punjab and Anr.

Case brief

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Sukhpal Kaur and Others v. State of Punjab and Anr.

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