Allowed

Somnath and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC14 Sept 2021CRM-M/5136/2021

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 482 Cr.P.C. to quash an FIR and consequential proceedings. The court accepted a Magistrate's report confirming the validity and genuineness of a compromise deed filed between the parties, leading to an amicable settlement.

What did the court decide?

FIR No. 114 dated 09.08.2020 registered under Sections 457, 324, 323, 148, 149 IPC and all subsequent proceedings are quashed.

Somnath and Ors. Vs State of Punjab and Ors. — Quashing and FIR | Punjab & Haryana HC (2021)

¶1

CRM-M-5136 of 2021 (O&M) #1#

¶2

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶3

CRM-M-5136 of 2021 (O&M) Date of Decision: 14.09.2021

Somnath and Ors.

......Petitioners

Versus

State of Punjab and Ors.

¶8

.....Respondents

¶9

CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

¶10

Present: Mr. Vinay Kumar, Advocate for the petitioners.

¶11

Mr. Sarabjit Singh, AAG, Punjab.

¶12

Mr. Ajaypal Singh, Advocate for the complainant.

¶13

HARINDER SINGH SIDHU, J

¶14

Crl.M.No.29084 of 2021

¶15

Prayer is for preponing the date of hearing.

¶16

Notice of the application.

¶17

Sh. Sarabjit Singh, AAG, Punjab accepts notice on behalf of

¶18

respondent-State of Punjab.

¶19

Heard.

¶20

For the reasons recorded in the application, which is supported by an affidavit, the same is allowed and the matter is taken up for hearing today itself.

¶21

Main case

¶22

Petitioners have filed this petition under Section 482 Cr.P.C. for

¶23

quashing of FIR No. 114 dated 09.08.2020 under Sections 457,324,323,148,149 IPC (Section 452 IPC added later on) registered at P.S Qila Lal Singh, District Batala and all other consequential proceedings arising out of the said FIR, as the matter stands amicably settled in terms of compromise deed.

¶24

MANOJ KUMAR 2021.09.15 09:19 I attest to the accuracy and integrity of this document

¶25

CRM-M-5136 of 2021 (O&M) #2#

¶26

Vide order dated 25.02.2021, the parties were directed to appear before the trial Court/Area Magistrate on 09.03.2021 for getting their statements recorded with regard to the compromise. The trial Court was to send its report regarding the genuineness of the compromise.

¶27

A report dated 18.03.2021 of learned Judicial Magistrate, Ist Class, Batala has been received. As per the report, the parties had appeared before learned Magistrate and got recorded their statements regarding compromise. Learned Magistrate has stated that he is of the considered view that the compromise between the parties is valid, genuine, voluntary and without any coercion or undue influence.

¶28

In view thereof, the present petition is allowed. FIR No. 114 dated 09.08.2020 under Sections 457,324,323,148,149 IPC (Section 452 IPC added later on) registered at P.S Qila Lal Singh, District Batala along with all subsequent proceedings arising therefrom, are hereby quashed qua the petitioners.

¶29

September 14, 2021 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

¶30

MANOJ KUMAR 2021.09.15 09:19 I attest to the accuracy and integrity of this document

Somnath and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Somnath and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Inder Singh Vs State of Haryana

Madan Lal and Ors. Vs State of Haryana

Jagir Singh Vs State of Punjab

Sumit Kumar and Another Vs State of Haryana and Another

Gurmail Singh Vs State of Haryana

Kulwinder Singh and Ors. Vs State of Punjab and Ors.