Allowed

Harpal Singh and Anr. v. State of Punjab and Others

Punjab & Haryana HC22 Sept 2023CRM-M/34762/2023

Case brief

AI extract

What is this about?

High Court of Punjab and Haryana quashed an FIR registered under various IPC sections upon the filed report of the trial magistrate confirming a voluntary compromise between the petitioner and the complainant respondent, citing Section 482 Cr.P.C.

What did the court decide?

FIR No.218 dated 20.11.2014 and all consequential proceedings qua the petitioners were quashed; pending applications were disposed of.

Harpal Singh and Anr. Vs State of Punjab… — Writ and Judicial Review | Punjab & Haryana HC (2023)

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CRM-M-34762-2023 (O&M)

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2023:PHHC:125508

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226

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-34762-2023 (O&M) Date of decision: 22.09.2023

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Harpal Singh and another …Petitioners VS State of Punjab and others …Respondents

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CORAM: HON’BLE MR. JUSTICE ARUN MONGA

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Present: - Mr. Amit Arora, Advocate, For the petitioners.

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Mr. Madhur Sharma, AAG, Punjab.

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Ms. Meena, Advocate for Mr. Parminder Singh Kanwar, Advocate, For respondents No.2 and 3.

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ARUN MONGA, J. (ORAL)

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Petitioners seek quashing of FIR No.218 dated 20.11.2014 registered under Sections 326, 323, 324, 506, 148, 149 of IPC, at Police Station, Jhabhal, District Tarn Taran and all other consequential proceedings arising therefromon the basis ofcompromise dated 01.06.2023 (Annexure P-4), stated to have been arrivedbetween the parties.

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Since quashing was sought on the basis of compromise, this Courton 20.07.2023 had directed the parties to appear before the Illaqa Magistrate/trial Court for recording their statements in support of thecompromise. A veracity report was also called for.

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Report dated 11.09.2023 of learned Judicial Magistrate Ist Class, Tarn Taran had been received. Report reveals that statements ofcomplainant party i.e. respondent No.2 as also of accused/present petitioners herein, were duly recorded. It is opined that a compromise has been arrived at without any pressure, undue influence or coercion. The report is accompanied by the statements of parties. It is apparent that the complainant/respondent No.2and accused/petitioners have arrived at a compromise voluntarily and without any coercion.

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Learned counsel for complainant/respondent No.2 and 3 states that she

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would have no objection to the quashing of FIR in question.

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VANDANA 2023.09.26 13:16 I attest to the accuracy and integrity of this document

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Page 1 of 2

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CRM-M-34762-2023 (O&M)

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2023:PHHC:125508

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This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis ofcompromise. A reference in this regard may be made to a decision dated 29.09.2021 of the Supreme Court in case titled “ Ramgopal and anr. V. The State of Madhya Pradesh”¹ and a Full Bench decision of this Court in“ Kulwinder Singh and others V. State of Punjab and others”² .

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In the premise it is an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedingsinitiated in the light of impugned FIR.

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Petition is thus allowed. FIR No.218 dated 20.11.2014 registered under Sections 326, 323, 324, 506, 148, 149 of IPC, at Police Station, Jhabhal, District Tarn Taran and all proceedings emanating there from qua the petitioners stand quashed.

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Pending application(s), if any, shall also stand disposed of.

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(ARUN MONGA) JUDGE

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22.09.2023 vandana Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

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1Criminal Appeal No.1489 of 2012

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VANDANA 2007 (3) RCR (Criminal) 1052 2023.09.26 13:16 2 I attest to the accuracy and integrity of this document

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Page 2 of 2

Harpal Singh and Anr. v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Harpal Singh and Anr. v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

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