Allowed

Balvir Singh and Others v. State of Punjab and Another

Punjab & Haryana HC28 Nov 2019CRM-M/29389/2019

Case brief

AI extract

What is this about?

A bench allowed a petitions for quashing an FIR and subsequent proceedings under various IPC sections relying on a valid compromise between the parties, confirmed by the trial court.

What did the court decide?

F.I.R. No.79 dated 16.10.2015 under Sections 323, 342, 506, 148 and 149 IPC and all subsequent proceedings arising therefrom are quashed qua the petitioners.

Balvir Singh and Others Vs State of Punjab and Another — Punjab & Haryana HC (2019) — LawSathi Research

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CRM-M-29389-2019 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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CRM-M-29389-2019 (O&M). Decided on: November 28, 2019.

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Balvir Singh 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 JASGURPREET SINGH PURI

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PRESENT Mr.H.P.s.Ghuman, Advocate, for the petitioners.

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Mr.Randhir Singh Thind, DAG, Punjab.

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JASGURPREET SINGH PURI, J. (ORAL)

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Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.79 dated 16.10.2015 under Sections 323, 342, 506, 148 and 149 IPC, registered at Police Station Bhadson, District Patiala and all subsequent proceedings arising therefrom on the basis of compromise.

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Vide order dated 12.7.2019, the parties were directed to appear before the trial Court/Illaqa Magistrate to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise.

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Pursuant to the aforesaid order, parties have appeared

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RAJ KUMAR ARORA 2019.12.02 10:59 I attest to the accuracy and integrity of this document

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CRM-M-29389-2019 (O&M)

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before learned Judicial Magistrate First Class, Nabha and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 3.10.2019, to the effect that the parties appeared in the Court on 30.9.2019 and suffered statements regarding compromise effected between them. It has been further reported that there is no pressure or coercion on both the parties and the compromise is purely voluntary, genuine and valid one. All the accused, complainant and affected persons are party to the compromise and no person involved in the case has been declared a proclaimed offender.

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Learned State counsel has not disputed the factum of compromise between the parties.

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In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR.

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Thus, following the judgment in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 as well as Gian Singh Versus State of Punjab and others (2012) 10 SCC 303 , this petition is allowed and F.I.R. No.79 dated 16.10.2015 under Sections 323, 342, 506, 148 and 149 IPC, registered at Police Station Bhadson, District Patiala and all subsequent proceedings arising therefrom are quashed qua the petitioners on the basis of compromise.

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November 28, 2019. (JASGURPREET SINGH PURI) raj arora JUDGE

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Whether speaking / reasoned Yes / No Whether reportable Yes / No

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RAJ KUMAR ARORA 2019.12.02 10:59 I attest to the accuracy and integrity of this document

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Balvir Singh and Others v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Balvir Singh and Others v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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