Rajiv Kumar vs State Of Punjab And Another on 1 March, 2013

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Punjab-Haryana High Court

Rajiv Kumar vs State Of Punjab And Another on 1 March, 2013

Bench: Paramjeet Singh

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH


                               Crl. Misc No.M-40627 of 2012 (O & M)
                               Date of decision: March 01, 2013


Rajiv Kumar

                                                                ..... Petitioner


                               Versus

State of Punjab and another

                                                             ..... Respondent

CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH

Present:    Mr. Vinod K. Kaushal, Advocate,
            for the petitioner.

            Mr. A.S.Kler, AAG, Punjab.


PARAMJEET SINGH, J.

Present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.33 dated 30.05.2012, registered at Police Station Sadar, District Gurdaspur, under Sections 420/120-B of the Indian Penal Code, alongwith all the consequential proceedings arising from it, on the basis of compromise dated 10.11.2012 (Annexure P-2).

Vide order dated 20.12.2012, notice of motion was issued and parties were directed to get their statements recorded before the Chief Judicial Magistrate on 10.1.2013 regarding the factum of compromise.

In compliance of order dated 20.12.2012, Chief Judicial Magistrate, Gurdarspur has reported that the proclamation proceeding has been initiated against accused-Dilpreet Singh.

This is a partial compromise and proclamation proceeding has been Crl. Misc No.M-40627 of 2012 /2/ initiated against some of the accused. In view of judgement of Hon'ble Apex Court in the case of Gian Singh vs. State of Punjab 2012 (4) RCR (Crl.) 543, partial quashing of FIR is not permissible.

At this stage, learned counsel for the petitioner wants to withdraw the present petition with liberty to file fresh one as and when all the concerned parties enter into compromise.

Dismissed as withdrawn with aforesaid liberty.





                                                       [ Paramjeet Singh ]
March 01, 2013                                              Judge
parveen kumar

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