Crl. Misc. M-35684 of 2013 Vs. State of Punjab and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1123446
CourtPunjab and Haryana High Court
Decided OnJan-31-2014
AppellantCrl. Misc. M-35684 of 2013
RespondentState of Punjab and Another
Excerpt:
in the high court of punjab and haryana at chandigarh crl. misc. m-35684 of 2013 date of decision: january 31, 2014 jaspreet singh ---petitioner versus state of punjab and another ---respondents coram: hon'ble mrs.justice rekha mittal present: none for the petitioner mr.neeraj sharma, aag, punjab for respondent-state. *** rekha mittal, j. the petitioner has prayed for quashing of fir no.122 dated 5.10.2010, under sections 454, 380 of the indian penal code (in short “ipc”.) registered at police station, bassi pathana, district fatehgarh on the basis of compromise. the parties were directed to appear before the trial court/ illaqa magistrate on 2.11.2013 to get their statements recorded with regard to genuineness of compromise. a report has been submitted by the judicial magistrate ist class, fatehgarh sahib wherein it has been reported that the statements of the petitioner and respondent no.2(complainant) have been recorded and the statements made by the parties in the court reveal that they have voluntarily entered into a compromise with an intention to live in peace and harmony. a perusal of the report submitted by the trial court would saini paramjit kaur 2014.02.01 11:19 i attest to the accuracy and integrity of this document chandigarh crl. misc. m-35684 of 2013 -2- reveal that the dispute between the mother and son is the subject matter of criminal proceedings which they have amicably settled by way of compromise. mr.neeraj sharma,, aag, punjab has put in appearance on behalf of respondent no.1. he has not disputed correctness of assertions of the petitioner and fact that the matter has been settled by way of compromise between the parties. i have heard counsel for the parties and perused the case file. there is nothing on record to doubt correctness of the compromise effected between the parties, whereby they have decided to settle their dispute with an intention to live in peace and harmony. the present case falls in the category of cases, which can be allowed to be settled by way of compromise, in view of the decision of hon'ble the supreme court of india in gian singh v. state of punjab and another, 2012(4) r.c.r.(criminal) 543. in view of what has been discussed hereinabove, the petition is allowed and fir no.122 dated 5.10.2010, under sections 454, 380 ipc, registered at police station, bassi pathana, district fatehgarh sahib and proceedings emanating therefrom are ordered to be quashed, qua the petitioner. (rekha mittal) judge january 31, 2014 paramjit saini paramjit kaur 2014.02.01 11:19 i attest to the accuracy and integrity of this document chandigarh
Judgment:

In the High Court of Punjab and Haryana at Chandigarh Crl.

Misc.

M-35684 of 2013 Date of Decision: January 31, 2014 Jaspreet Singh ---Petitioner versus State of Punjab and another ---Respondents Coram: Hon'ble MRS.Justice Rekha Mittal Present: None for the petitioner Mr.Neeraj Sharma, AAG, Punjab for respondent-State.

*** REKHA MITTAL, J.

The petitioner has prayed for quashing of FIR No.122 dated 5.10.2010, under Sections 454, 380 of the Indian Penal Code (in short “IPC”.) registered at Police Station, Bassi Pathana, District Fatehgarh on the basis of compromise.

The parties were directed to appear before the trial court/ Illaqa Magistrate on 2.11.2013 to get their statements recorded with regard to genuineness of compromise.

A report has been submitted by the Judicial Magistrate Ist Class, Fatehgarh Sahib wherein it has been reported that the statements of the petitioner and respondent No.2(complainant) have been recorded and the statements made by the parties in the Court reveal that they have voluntarily entered into a compromise with an intention to live in peace and harmony.

A perusal of the report submitted by the trial Court would Saini Paramjit Kaur 2014.02.01 11:19 I attest to the accuracy and integrity of this document Chandigarh Crl.

Misc.

M-35684 of 2013 -2- reveal that the dispute between the mother and son is the subject matter of criminal proceedings which they have amicably settled by way of compromise.

Mr.Neeraj Sharma,, AAG, Punjab has put in appearance on behalf of respondent No.1.

He has not disputed correctness of assertions of the petitioner and fact that the matter has been settled by way of compromise between the parties.

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

There is nothing on record to doubt correctness of the compromise effected between the parties, whereby they have decided to settle their dispute with an intention to live in peace and harmony.

The present case falls in the category of cases, which can be allowed to be settled by way of compromise, in view of the decision of Hon'ble the Supreme Court of India in Gian Singh v.

State of Punjab and another, 2012(4) R.C.R.(Criminal) 543.

In view of what has been discussed hereinabove, the petition is allowed and FIR No.122 dated 5.10.2010, under Sections 454, 380 IPC, registered at Police Station, Bassi Pathana, District Fatehgarh Sahib and proceedings emanating therefrom are ordered to be quashed, qua the petitioner.

(REKHA MITTAL) JUDGE January 31, 2014 PARAMJIT Saini Paramjit Kaur 2014.02.01 11:19 I attest to the accuracy and integrity of this document Chandigarh