Resham Singh and Others Vs. State of Haryana and Another

Resham Singh and Others vs State of Haryana and Another

Type Court Judgment Court Punjab and Haryana Decided Aug 19, 2013

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Citation: sooperkanoon.com/1069698
Court: Punjab and Haryana High Court
Decided On: Aug 19, 2013
Subject: Criminal

Case Summary

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

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Resham Singh and Others

Respondent

State of Haryana and Another

Excerpt

.....m-18705 of 2013. ******* mehta sachin 2013.08.20 11:14 i attest to the accuracy and integrity of this document chandigarh crm m-18589 of 2013 -2- ram chand gupta, j.(oral) this order will dispose of both the afore-mentioned petitions filed under section 482 of the code of criminal procedure for quashing of fir no.88 dated 22.09.2006 under sections 323, 324 read with section 34 of indian penal code (for short 'ipc').registered at police station shahzadpur, district ambala alongwith all other consequential proceedings arising therefrom as well as cross-case registered under sections 323, 325 read with section 34 of ipc in the said fir alongwith all other consequential proceedings arising therefrom on the basis of compromise deed dated 28.05.2013(annexure p-2).having been entered between the parties. i have heard learned counsel for the parties and have gone through the record. it has been stated by learned counsel for the parties that it is a case of version and cross-version and that both the parties are closely related and that dispute has since been settled due to intervention of respectable persons and relatives from both the sides. both the parties were directed to appear before learned trial court for recording their statements. report has been received from learned trial court alongwith statements of the parties to the effect that compromise is genuine one. in appropriate cases fir can be quashed on the basis of mehta sachin 2013.08.20 11:14 i attest to the accuracy and integrity of this document chandigarh crm m-18589 of 2013 -3- compromise by exercising power under section 482 cr.p.c., even if the offences are not compoundable. it was so held by full bench of this court in the case of kulwinder singh v. state of punjab, 2007(3) rcr (crl.) 1052. hence, in the interest of harmonious relations between the parties, who are closely related, both the afore-mentioned petitions are allowed and the impugned fir no.88 dated 22.09.2006 under sections 323, 324 read.....

Full Judgment

CRM M-18589 of 2013 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

(1) Crl.

Misc.

not M-18589 of 2013 (O&M) Date of Decision: August 19, 2013.

Arjun Singh and another .......PETITIONER(s).VERSUS State of Haryana and another .....RESPONDENT(s).(2) Crl.

Misc.

not M-18705 of 2013 (O&M) Resham Singh and others .......PETITIONER(s).VERSUS State of Haryana and another .....RESPONDENT(s).CORAM:- HON'BLE Mr.JUSTICE RAM CHAND GUPTA Present: Mr.Deepak K.

Sharma, Advocate for the petitioners in CRM M-18589 of 2013 and for respondent No.2 in CRM M-18705 of 2013.

Mr.Raja Sharma, A.A.G.Haryana.

Mr.B.S.Sudan, Advocate for Mr.D.S.Adlakha, Advocate for respondent No.2 in CRM M-18589 of 2013 and for petitioners in CRM M-18705 of 2013.

******* Mehta Sachin 2013.08.20 11:14 I attest to the accuracy and integrity of this document CHANDIGARH CRM M-18589 of 2013 -2- RAM CHAND GUPTA, J.(Oral) This order will dispose of both the afore-mentioned petitions filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.88 dated 22.09.2006 under Sections 323, 324 read with Section 34 of Indian Penal Code (for short 'IPC').registered at Police Station Shahzadpur, District Ambala alongwith all other consequential proceedings arising therefrom as well as cross-case registered under Sections 323, 325 read with Section 34 of IPC in the said FIR alongwith all other consequential proceedings arising therefrom on the basis of compromise deed dated 28.05.2013(Annexure P-2).having been entered between the parties.

I have heard learned counsel for the parties and have gone through the record.

It has been stated by learned counsel for the parties that it is a case of version and cross-version and that both the parties are closely related and that dispute has since been settled due to intervention of respectable persons and relatives from both the sides.

Both the parties were directed to appear before learned trial Court for recording their statements.

Report has been received from learned trial Court alongwith statements of the parties to the effect that compromise is genuine one.

In appropriate cases FIR can be quashed on the basis of Mehta Sachin 2013.08.20 11:14 I attest to the accuracy and integrity of this document CHANDIGARH CRM M-18589 of 2013 -3- compromise by exercising power under Section 482 Cr.P.C., even if the offences are not compoundable.

It was so held by Full Bench of this Court in the case of Kulwinder Singh v.

State of Punjab, 2007(3) RCR (Crl.) 1052.

Hence, in the interest of harmonious relations between the parties, who are closely related, both the afore-mentioned petitions are allowed and the impugned FIR No.88 dated 22.09.2006 under Sections 323, 324 read with Section 34 of IPC, registered at Police Station Shahzadpur, District Ambala alongwith all consequential proceedings qua petitioners Arjun Singh and Narmail Singh and cross-case registered under Sections 323, 325 read with Section 34 of IPC in the said FIR alongwith all consequential proceedings qua petitioners Resham Singh, Kuldeep Singh and Randeep Singh are, hereby, quashed.

( RAM CHAND GUPTA ) August 19, 2013.

JUDGE Sachin M.

Mehta Sachin 2013.08.20 11:14 I attest to the accuracy and integrity of this document CHANDIGARH

Same Court & Year Punjab and Haryana · 2013 Same Parties Resham Singh and Others vs State of Haryana and Another Same Subject Criminal