Vikas and Others Vs. State of Haryana and Another

Vikas and Others vs State of Haryana and Another

Type Court Judgment Court Punjab and Haryana Decided Jan 13, 2014

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https://sooperkanoon.com/case/1121620

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Citation: sooperkanoon.com/1121620
Court: Punjab and Haryana High Court
Decided On: Jan 13, 2014
Subject: Education

Case Summary

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

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Vikas and Others

Respondent

State of Haryana and Another

Excerpt

.....surinder gupta **** present : mr.sandeep singh, advocate for the petitioners.mr.gurvinder singh sandhu, aag, haryana. **** surinder gupta, j. (oral) accused-vikas and eight others have filed this petition under section 482 of the code of criminal procedure (in short, cr.p.c.) for quashing fir no.315 dated 05.06.2013 (annexure p-1) registered for offences under sections 147, 149, 323, 506, 452 ipc and section 3(1)(8)/3(xi) of sc and st (prevention of atrocities) act, 1989 at police station assandh, district karnal, in view of compromise (annexure p-2) effected with respondent no.2-complainant. i have heard learned counsel for the parties and perused the case file. counsel for respondent no.2-complainant has submitted that the parties effected compromise (annexure p-2) and respondent no.2 has no objection if the impugned fir is quashed. statements of parties were also recorded by the trial court regarding the compromise. crl. misc. no.m-36367 of2013-2- in appropriate cases, fir can be quashed by this court on the basis of compromise by exercising inherent 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 versus state of punjab 2007(3) rcr (crl.) 1052. in the instant case, parties belong to the same village. parties have effected amicable settlement with intervention of respectable persons from both sides. accordingly, it is a fit case in which the impugned fir should be quashed so that the parties may live in peace and harmony. resultantly, instant petition is allowed and impugned fir no.315 dated 05.06.2013 (annexure p-1).is quashed along with all consequential proceedings arising therefrom. 13th january, 2014 (surinder gupta) gupta) ‘raj’ judge raj kumar 2014.01.21 17:15 i attest to the accuracy and integrity of this document chandigarh

Full Judgment

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRL.

MISC.

No.M-36367 OF 2013 DATE OF DECISION : 13th JANUARY, 2014 Vikas & Others ….

Petitioners Versus State of Haryana & another ….

Respondents CORAM : HON’BLE Mr.JUSTICE SURINDER GUPTA **** Present : Mr.Sandeep Singh, Advocate for the petitioneRs.Mr.Gurvinder Singh Sandhu, AAG, Haryana.

**** SURINDER GUPTA, J.

(ORAL) Accused-Vikas and eight others have filed this petition under Section 482 of the Code of Criminal Procedure (in short, Cr.P.C.) for quashing FIR No.315 dated 05.06.2013 (Annexure P-1) registered for offences under Sections 147, 149, 323, 506, 452 IPC and Section 3(1)(8)/3(XI) of SC and ST (Prevention of Atrocities) Act, 1989 at Police Station Assandh, District Karnal, in view of compromise (Annexure P-2) effected with respondent No.2-complainant.

I have heard learned counsel for the parties and perused the case file.

Counsel for respondent No.2-complainant has submitted that the parties effected compromise (Annexure P-2) and respondent No.2 has no objection if the impugned FIR is quashed.

Statements of parties were also recorded by the trial Court regarding the compromise.

CRL.

MISC.

NO.M-36367 OF2013-2- In appropriate cases, FIR can be quashed by this Court on the basis of compromise by exercising inherent 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 versus State of Punjab 2007(3) RCR (Crl.) 1052.

In the instant case, parties belong to the same village.

Parties have effected amicable settlement with intervention of respectable persons from both sides.

Accordingly, it is a fit case in which the impugned FIR should be quashed so that the parties may live in peace and harmony.

Resultantly, instant petition is allowed and impugned FIR No.315 dated 05.06.2013 (Annexure P-1).is quashed along with all consequential proceedings arising therefrom.

13th JANUARY, 2014 (SURINDER GUPTA) GUPTA) ‘raj’ JUDGE Raj Kumar 2014.01.21 17:15 I attest to the accuracy and integrity of this document Chandigarh

Same Court & Year Punjab and Haryana · 2014 Same Parties Vikas and Others vs State of Haryana and Another Same Subject Education