The Court allowed a compromise petition and quashed proceedings under FIR No. 27 under the relevant IPC sections, relying on the voluntary nature of the settlement and intervening case law.
Proceedings by way of DDR No. 19 dated 8.7.2014 under Sections 323, 354-A IPC, and all consequences arising therefrom are 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.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-1511 of 2018 (O&M) Date of decision : April 01, 2019
Sarwan Singh and others
....Petitioners
versus
State of Punjab and others
....Respondents
Coram: Hon'ble Mr. Justice Fateh Deep Singh
Present : Ms Satpreet Grewal Kapila, Advocate, for the petitioners
Mr. Rakeshinder Singh Sidhu, AAG, Punjab for the State/ respondent no. 1
None for respondents no. 2 and 3
Fateh Deep Singh, J. (Oral)
Report dated 6.3.2018 of learned Judicial Magistrate Ist Class, Mukerian, District Hoshiarpur has been received after recording statements of accused Sarwan Singh, Joyti Parkash, Ranjit Singh @ Vicky, Bahadur Singh and Sandhya Devi as well as complainants Seema Devi and Usha Devi and the learned court has shown its satisfaction that the compromise is an outcome of voluntariness, free will and without any coercion or undue pressure. In the light of the satisfaction shown by the Court and in view of the fact that compromise will go a long way in resolving the personal dispute and to bring about personal harmony and more-so the offences for which the accused have been booked are not of very serious nature and in
DALBIR SINGH TIWANA 2019.04.11 14:06 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
Criminal Misc. No. M-1511 of 2018 (O&M) -2-
view of the law laid down in Gian Singh vs State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others vs State of Punjab and another, 2007(3) RCR (Criminal) 1052 and in view of which the prayer made in the petition is allowed, proceedings by way of DDR No. 19 dated 8.7.2014 under Sections 323, 354-A, 149 IPC, registered in case FIR No. 27 dated 6.7.2014 registered under Sections 323, 324, 427, 149 IPC at Police Station Talwara/Mushera, District Hoshiarpur and all consequences arising thereof are quashed, qua the present petitioners.
The petition stands allowed in those terms.
April 01, 2019 |
( Fateh Deep Singh ) Judge |
|---|---|
| 'tiwana' | |
| Whether speaking/reasoned ? | Yes/No |
| Whether Reportable ? | Yes/No |
DALBIR SINGH TIWANA 2019.04.11 14:06 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
2 issues framed by the court
Whether the compromise petition under Section 482 CrPC should be allowed given the voluntary nature of the settlement and the gravity of the offences.
Whether proceedings under D.D.R. No. 19 dated 8.7.2014 regarding specified IPC offences should be quashed.
Colour shows how this judgement treated each authority
Gian SinghExplained¶13
Gian Singh vs State of Punjab and another, 2012 (4) RCR (Criminal) 543
Kulwinder SinghExplained¶13
Kulwinder Singh and others vs State of Punjab and another, 2007(3) RCR (Criminal) 1052
2 provisions across 1 enactments
Sarwan Singh
State of Punjab
Fateh Deep Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
