Lakhmir Singh and Others Vs. V.

Lakhmir Singh and Others vs V.

Type Court Judgment Court Punjab and Haryana Decided Feb 21, 2013

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https://sooperkanoon.com/case/1042103

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Citation: sooperkanoon.com/1042103
Court: Punjab and Haryana High Court
Decided On: Feb 21, 2013
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Lakhmir Singh and Others

Respondent

Excerpt

.....tewari, j (oral) prayer in the present petition, filed under section 482 of the cr.p.c, is for quashing of fir no.21, dated 20.5.2006, registered under sections 326, 324, 323, 148, 149, 341 of the ipc, at police station ghanaur, district patiala and all other subsequent proceedings arising therefrom, on the basis of a compromise, arrived at between the parties. in terms of the order of this court dated 14.01.2013, report dated 18.2.2013 from the judicial magistrate ist class, rajpura has been received attesting to the fact that the matter has been compromised between the parties. crm-m no.89 of 2013(o&m) ::2:: counsel for the parties are also agreed that both the parties have arrived at compromise and do not want to pursue the present fir. in view of the facts, noticed herein above, it is apparent that both the parties have arrived at a bona fide settlement. i am of the opinion that it would be in the interest of justice, as also in the interest of parties, if the present fir and all subsequent proceedings, emanating therefrom are quashed. it is a fit case where this court should exercise jurisdiction, under section 482 of the cr.p.c to put an end to these futile criminal proceedings. even otherwise, a full bench of this court has issued broad guidelines in kulwinder singh and others vs state of punjab and another, 2007(3) rcr (crl) 1052, for quashing of the fir where parties enter into compromise. consequently, the present petition is allowed and fir no.21, dated 20.5.2006, registered under sections 326, 324, 323, 148, 149, 341 of the ipc, at police station ghanaur, district patiala, and all subsequent proceedings, emanating therefrom, are quashed. ( ajay tewari ) february 21, 2013. judge `kk'

Full Judgment

CRM-M No.89 of 2013(O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.89 of 2013(O&M) Date of decision : February 21, 2013 Lakhmir Singh and otheRs......Petitioners v.

State of Punjab and otheRs......Respondents *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr.L.S Bhangu, Advocate for the petitioneRs.Ms.Preeti Chaudhary, AAG Haryana Mr.P.S Baath, Advocate for respondents No.4 to 10.

*** 1.

Whether Reporters of Local Newspapers may be allowed to see the judgment ?.”

2. To be referred to the Reporters or No.?.”

3. Whether the judgment should be reported in the Digest ?.

*** AJAY TEWARI, J (Oral) Prayer in the present petition, filed under Section 482 of the Cr.P.C, is for quashing of FIR No.21, dated 20.5.2006, registered under Sections 326, 324, 323, 148, 149, 341 of the IPC, at Police Station Ghanaur, District Patiala and all other subsequent proceedings arising therefrom, on the basis of a compromise, arrived at between the parties.

In terms of the order of this Court dated 14.01.2013, report dated 18.2.2013 from the Judicial Magistrate Ist Class, Rajpura has been received attesting to the fact that the matter has been compromised between the parties.

CRM-M No.89 of 2013(O&M) ::2:: Counsel for the parties are also agreed that both the parties have arrived at compromise and do not want to pursue the present FIR.

In view of the facts, noticed herein above, it is apparent that both the parties have arrived at a bona fide settlement.

I am of the opinion that it would be in the interest of justice, as also in the interest of parties, if the present FIR and all subsequent proceedings, emanating therefrom are quashed.

It is a fit case where this Court should exercise jurisdiction, under Section 482 of the Cr.P.C to put an end to these futile criminal proceedings.

Even otherwise, a Full Bench of this Court has issued broad guidelines in Kulwinder Singh and others vs State of Punjab and another, 2007(3) RCR (Crl) 1052, for quashing of the FIR where parties enter into compromise.

Consequently, the present petition is allowed and FIR No.21, dated 20.5.2006, registered under Sections 326, 324, 323, 148, 149, 341 of the IPC, at Police Station Ghanaur, District Patiala, and all subsequent proceedings, emanating therefrom, are quashed.

( AJAY TEWARI ) February 21, 2013.

JUDGE `kk'

Same Court & Year Punjab and Haryana · 2013 Same Parties Lakhmir Singh and Others vs V. Same Subject Land Acquisition