Crl. Misc. No. M-20500 of 2011 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Misc. No. M-20500 of 2011 (O&M)
Decided on : 28-09-2011
Naib Singh and others
....Petitioners
VERSUS
State of Punjab and another
....Respondents
CORAM:- HON’BLE MR. JUSTICE MAHESH GROVER
Present:- Mr. R.S.Dhaliwal , Advocate for the petitioners
Mr.Gaurav Garg Dhuriwala, DAG, Punjab
Mr. S.S.Sodhi, Advocate for the respondent no.2.
MAHESH GROVER, J
This is a petition under Section 482 of the Code of Criminal
Procedure praying for quashing of FIR no. 55 dated 10.6.2011 registered
under Sections 324, 326, 34 IPC at Police Station Moonak, District Sangrur
and all consequent proceedings arising therefrom on the basis of
compromise.
It is contended by the learned counsel for the petitioners that
during the pendency of the proceedings pursuant to the FIR, the parties have
resolved their differences amicably and in view of this, they do not wish to
pursue with the litigation any further.
Learned counsel for the State of Punjab on instructions from
ASI Ranjit Singh submits that no other case is pending against the present
petitioners.
On 11.7.2011, this Court directed the parties to appear before
Crl. Misc. No. M-20500 of 2011 (O&M) 2
the Illaqa Magistrate and get their statements recorded in support of their
claim that the matter has been compromised. The Illaqa Magistrate was also
directed to send the report about the factum of compromise and also the fact
that such statements were not result of any undue pressure or coercion.
Report has since been received from the concerned Court and
according to it, petitioners as well as respondent no.2 have appeared and got
recorded their statements on their own free will in support of their
compromise.
In view of the above facts and also keeping in view the
observations of Full Bench in Kulwinder Singh versus State of Punjab
2007 (3) Law Herald 2225, the instant petition is allowed. Consequently,
FIR no. 55 dated 10.6.2011 registered under Sections 324, 326, 34 IPC at
Police Station Moonak, District Sangrur and all consequent proceedings
arising therefrom are hereby quashed.
September 28, 2011 (Mahesh Grover) rekha Judge