Punjab-Haryana High Court
Navneet Singh @ Amit Kumar @ Amb vs State Of Punjab And Another on 16 August, 2013
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Misc. No. M-14114 of 2013 (O&M) [ 1 ]
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Crl. Misc. No. M-14114 of 2013 (O&M)
Date of Decision: August 16,2013
Navneet Singh @ Amit Kumar @ Amb............ Petitioner
Versus
State of Punjab and another .................. Respondents
Coram: Hon'ble Ms. Justice Ritu Bahri
1.To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
Present: Mr. M.S.Sachdev, Advocate
for the petitioner.
Mr. Amrit Pal Singh Gill, AAG, Punjab.
Mr. Sudhir K. Mehta, Advocate
for respondent No.2.
...
RITU BAHRI, J. (Oral)
Quashing of FIR No. 114 dated 8.8.2007 under Sections 307/452/326/323/427/148/149 IPC registered at Police Station Division No.5 Jalandhar, District Jalandhar (Annexure P1) is being sought on the basis of compromise dated 30.1.2013 (Annexure P-2).
The FIR has been recorded on the statement made by Gagan Kumar @ Tinku alleging that on the date of Kaur Rupinder 2013.08.21 11:05 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No. M-14114 of 2013 (O&M) [ 2 ] incident when he was standing in his house then 50-60 young men on motor-cycle came to his house and inflicted injuries on the complainant. The injuries have taken place due to Municipal Council elections. Initially, the FIR was registered under Section 307 IPC and thereafter as per the report given by Superintendent of Police, Hoshiarpur, dated 22.3.2008, the challan was presented under Sections 324/323 IPC. The matter has now been compromised vide Annexure P2 dated 30.1.2013.
Counsel for the State, on instructions from ASI Tarlochan Singh, has informed that the offence under Sections 307/326/452/427 is deleted.
In compliance of the order dated 23.5.2013, status report dated 13.6.2013 has been filed by the Judicial Magistrate 1st Class, Jalandhar. As per this report, statement of the parties have been recorded to the effect that they have compromised the matter. The complainant-Gagan Kumar @ Tinku also stated that she has no objection if the FIR in the present case is quashed.
Since no offence under Section 307 IPC was made out against the accused and challan was presented under Sections 323/324 IPC, the Court is satisfied that the compromise arrived at between the parties is genuine and without any pressure or coercion and no useful purpose would be served by continuing the criminal proceedings. Kaur Rupinder 2013.08.21 11:05 I attest to the accuracy and integrity of this document Chandigarh
Crl. Misc. No. M-14114 of 2013 (O&M) [ 3 ] Consequently, in view of the above circumstances and in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008 (4) S.C.C. 582 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052, FIR No. 114 dated 8.8.2007 under Sections 307/452/326/323/427/ 148/149 IPC registered at Police Station Division No.5 Jalandhar, District Jalandhar (Annexure P1) is quashed with all consequential proceedings arising therefrom qua petitioner.
Petition is disposed of.
16.8.2013 ( RITU BAHRI )
Rupi JUDGE
Kaur Rupinder
2013.08.21 11:05
I attest to the accuracy and
integrity of this document
Chandigarh