Ram Naresh Singh and Others Vs. State of Punjab and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1126300
CourtPunjab and Haryana High Court
Decided OnFeb-10-2014
AppellantRam Naresh Singh and Others
RespondentState of Punjab and Another
Excerpt:
crm-m-18776-2013 1 in the punjab & haryana high court at chandigarh crm-m-18776-2013 date of decision : 10.02.2014 ram naresh singh and others ..petitioners versus state of punjab and another ..respondents coram: hon'ble mrs.justice rekha mittal present: none for the petitioners.mr.amarinder singh klar, aag, punjab. none for respondent no.2. rekha mittal, j.(oral) the petitioners have prayed for quashing of fir no.117 dated 31.08.2010, under sections 406, 420 of the indian penal code (in short “ipc”.) registered at police station sadar, rupnagar, district rupnagar on the basis of compromise dated 17.08.2011 (annexure p2) effected between the parties. the parties were directed to appear before the trial court on 22.07.2013 to get their statements recorded with regard to genuineness of compromise. a report has been submitted by the additional chief judicial magistrate, rupnagar (duty).wherein it has been reported that the statements of the petitioners and the 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 davinder kumar 2014.02.13 14:10 i attest to the accuracy and integrity of this document crm-m-18776-2013 2 harmony. counsel for the state has not disputed correctness of assertions of the petitioners that the matter has been settled between the parties by way of compromise. i have heard counsel for the state 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.117 dated 31.08.2010, under sections 406, 420 ipc registered at police station sadar, rupnagar, district rupnagar and proceedings emanating therefrom are ordered to be quashed, qua the petitioners.(rekha mittal) judge february 10, 2014. davinder kumar davinder kumar 2014.02.13 14:10 i attest to the accuracy and integrity of this document
Judgment:

CRM-M-18776-2013 1 IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH CRM-M-18776-2013 Date of decision : 10.02.2014 Ram Naresh Singh and others ..Petitioners Versus State of Punjab and another ..Respondents CORAM: HON'BLE MRS.JUSTICE REKHA MITTAL Present: None for the petitioneRs.Mr.Amarinder Singh Klar, AAG, Punjab.

None for respondent No.2.

REKHA MITTAL, J.(ORAL) The petitioners have prayed for quashing of FIR No.117 dated 31.08.2010, under Sections 406, 420 of the Indian Penal Code (in short “IPC”.) registered at Police Station Sadar, Rupnagar, District Rupnagar on the basis of compromise dated 17.08.2011 (Annexure P2) effected between the parties.

The parties were directed to appear before the trial Court on 22.07.2013 to get their statements recorded with regard to genuineness of compromise.

A report has been submitted by the Additional Chief Judicial Magistrate, Rupnagar (duty).wherein it has been reported that the statements of the petitioners and the 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 Davinder Kumar 2014.02.13 14:10 I attest to the accuracy and integrity of this document CRM-M-18776-2013 2 harmony.

Counsel for the State has not disputed correctness of assertions of the petitioners that the matter has been settled between the parties by way of compromise.

I have heard counsel for the State 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.117 dated 31.08.2010, under Sections 406, 420 IPC registered at Police Station Sadar, Rupnagar, District Rupnagar and proceedings emanating therefrom are ordered to be quashed, qua the petitioneRs.(REKHA MITTAL) JUDGE February 10, 2014.

Davinder Kumar Davinder Kumar 2014.02.13 14:10 I attest to the accuracy and integrity of this document