Vishal Kumar and Others Vs. State of Punjab and Another

Vishal Kumar and Others vs State of Punjab and Another

Type Court Judgment Court Punjab and Haryana Decided Jan 20, 2014

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Citation: sooperkanoon.com/1122605
Court: Punjab and Haryana High Court
Decided On: Jan 20, 2014
Subject: Education

Case Summary

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

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Vishal Kumar and Others

Respondent

State of Punjab and Another

Excerpt

.....called the report of the trial court qua the genuineness of the compromise (annexure p/2).the trial court after recording the statements of the parties has reported that the compromise is voluntary and without any pressure or coercion. the full bench of this court in the case of kulwinder singh and others versus state of punjab and another 2007 (3) rcr (crl.) 1052 has held that the fir can be quashed on the basis of compromise by exercising deepak kumar 2014.01.27 11:36 i attest to the accuracy and integrity of this document which has been signed by the hon'ble bench high court, chandigarh crl. misc. no.m-39758 of 2013 -2- inherent power under section 482 cr.p.c., even if the offences are not compoundable. in view of the compromise arrived at between the parties, the continuance of the proceedings against the petitioners would amount to misuse of the process and there will be no fruitful out come thereof as due to settlement between the parties, the trial is likely to result into acquittal. having regard to the aforesaid and drawing sustenance from the observations made in full bench judgment rendered in kulwinder singh's case (supra).this petition is accepted and the fir no.107 dated 1.9.2011 registered under sections 382, 148, 149, 323, 324 ipc at police station city malout, district sr.muktsar sahib along with all consequential proceedings arising therefrom is quashed. january 20, 2014 (surinder gupta) deepak judge deepak kumar 2014.01.27 11:36 i attest to the accuracy and integrity of this document which has been signed by the hon'ble bench high court, chandigarh

Full Judgment

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.

Misc.

No.M-39758 of 2013 Date of decision: January 20, 2014 Vishal Kumar and others .Petitioners versus State of Punjab and another .Respondents Coram: Hon'ble Mr.Justice Surinder Gupta Present: Mr.Munish Raj, Advocate for the petitioner.

Mr.Varun Sharma, AAG, Punjab.

Mr.S.S.Majithia, Advocate for respondent No.2.

Surinder Gupta, J The petitioners have sought quashing of the FIR No.107 dated 1.9.2011 registered under Sections 382, 148, 149, 323, 324 IPC at Police Station City Malout, District Sr.Muktsar Sahib, on the basis of compromise (Annexure P/2) with the complainant.

As per allegations in the FIR, the petitioners have snatched golden chain weighing about 2 tolas and caused injuries to the complainant and his friend Fateh Singh on 1.9.2011 when they were going on their motor cycle towards Super Bazar Jeans Club, Malout.

This court vide order dated 25.11.2013 called the report of the trial court qua the genuineness of the compromise (Annexure P/2).The trial court after recording the statements of the parties has reported that the compromise is voluntary and without any pressure or coercion.

The Full Bench of this Court in the case of Kulwinder Singh and others versus State of Punjab and another 2007 (3) RCR (Crl.) 1052 has held that the FIR can be quashed on the basis of compromise by exercising Deepak Kumar 2014.01.27 11:36 I attest to the accuracy and integrity of this document which has been signed by the Hon'ble Bench High Court, Chandigarh Crl.

Misc.

No.M-39758 of 2013 -2- inherent power under Section 482 Cr.P.C., even if the offences are not compoundable.

In view of the compromise arrived at between the parties, the continuance of the proceedings against the petitioners would amount to misuse of the process and there will be no fruitful out come thereof as due to settlement between the parties, the trial is likely to result into acquittal.

Having regard to the aforesaid and drawing sustenance from the observations made in Full Bench judgment rendered in Kulwinder Singh's case (supra).this petition is accepted and the FIR No.107 dated 1.9.2011 registered under Sections 382, 148, 149, 323, 324 IPC at Police Station City Malout, District Sr.Muktsar Sahib along with all consequential proceedings arising therefrom is quashed.

January 20, 2014 (Surinder Gupta) deepak Judge Deepak Kumar 2014.01.27 11:36 I attest to the accuracy and integrity of this document which has been signed by the Hon'ble Bench High Court, Chandigarh

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