Satwinder Singh Vs. State of Punjab and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1153627
CourtPunjab and Haryana High Court
Decided OnJun-30-2014
AppellantSatwinder Singh
RespondentState of Punjab and Others
Excerpt:
crm no.m-35414 of 2012 1 in the high court of punjab and haryana at chandigarh crm no.m-35414 of 2012 (o&m) date of decision: 30.06.2014 satwinder singh ...petitioner versus state of punjab and others ...respondents coram: hon'ble mr.justice r.p.nagrath present: mr.t.p.singh, advocate for the petitioner. mr.luvinder sofat, aag, punjab for the state. mr.sukhdeep parmar, advocate for respondent no.2 to 5. r.p.nagrath, j. (oral) the instant petition has been filed for quashing fir no.54 dated 01.04.2007 for offences under sections 323, 324, 452, 148, 149, 120-b ipc, police station garhshanker, district hoshiarpur and the subsequent proceedings on the basis of written compromise arrived at between the parties. report from the trial court has been received after recording statements of parties, alongwith original statements. it is reported that compromise is voluntary and without any coercion or undue influence. kumar suresh 2014.07.03 09:10 i attest to the accuracy and integrity of this document chandigarh crm no.m-35414 of 2012 2 learned state counsel on instructions from hc rashpal singh submits that fir was recorded by respondent no.2 and the injured persons are respondents no.3 to 5. he further submits that initially petitioner was declared as a proclaimed offender and the petition for quashing the fir qua rest of the accused was allowed by this court in crm no.m-22712 of 2011 decided on 17.5.2014. no useful purpose would be served in continuing with the proceedings in this case in view of the compromise arrived at between parties. following the principles laid down by the full bench judgement of this court in kulwinder singh and others v. state of punjab and another, 2007 (3) rcr (criminal) 1052 (p&h) and approved by the hon'ble supreme court in gian singh versus state of punjab and others.(2012)10 scc303 this petition is allowed and fir no.54 dated 01.04.2007 for offences under sections 323, 324, 452, 148, 149, 120-b ipc, police station garhshanker, district hoshiarpur and the subsequent proceedings conducted on the basis thereof, are quashed. needless to say that parties shall remain bound by the terms of compromise and their statements. (r.p.nagrath) 30.06.2014 judge sk kumar suresh 2014.07.03 09:10 i attest to the accuracy and integrity of this document chandigarh
Judgment:

CRM No.M-35414 of 2012 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-35414 of 2012 (O&M) Date of Decision: 30.06.2014 Satwinder Singh ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR.JUSTICE R.P.NAGRATH Present: Mr.T.P.Singh, Advocate for the petitioner.

Mr.Luvinder Sofat, AAG, Punjab for the State.

Mr.Sukhdeep Parmar, Advocate for respondent No.2 to 5.

R.P.Nagrath, J.

(Oral) The instant petition has been filed for quashing FIR No.54 dated 01.04.2007 for offences under Sections 323, 324, 452, 148, 149, 120-B IPC, Police Station Garhshanker, District Hoshiarpur and the subsequent proceedings on the basis of written compromise arrived at between the parties.

Report from the trial Court has been received after recording statements of parties, alongwith original statements.

It is reported that compromise is voluntary and without any coercion or undue influence.

Kumar Suresh 2014.07.03 09:10 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-35414 of 2012 2 Learned State counsel on instructions from HC Rashpal Singh submits that FIR was recorded by respondent No.2 and the injured persons are respondents No.3 to 5.

He further submits that initially petitioner was declared as a proclaimed offender and the petition for quashing the FIR qua rest of the accused was allowed by this Court in CRM No.M-22712 of 2011 decided on 17.5.2014.

No useful purpose would be served in continuing with the proceedings in this case in view of the compromise arrived at between parties.

Following the principles laid down by the Full Bench judgement of this Court in Kulwinder Singh and others v.

State of Punjab and another, 2007 (3) RCR (Criminal) 1052 (P&H) and approved by the Hon'ble Supreme Court in Gian Singh versus State of Punjab and otheRs.(2012)10 SCC303 this petition is allowed and FIR No.54 dated 01.04.2007 for offences under Sections 323, 324, 452, 148, 149, 120-B IPC, Police Station Garhshanker, District Hoshiarpur and the subsequent proceedings conducted on the basis thereof, are quashed.

Needless to say that parties shall remain bound by the terms of compromise and their statements.

(R.P.Nagrath) 30.06.2014 Judge sk Kumar Suresh 2014.07.03 09:10 I attest to the accuracy and integrity of this document Chandigarh