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[Cites 6, Cited by 1]

Punjab-Haryana High Court

Baksish Singh And Others vs State Of Punjab And Another on 21 May, 2010

Author: Ram Chand Gupta

Bench: Ram Chand Gupta

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH




                                    Crl. Misc. No. M-14174 of 2010(O&M)
                                            Date of Decision: May 21, 2010.

Baksish Singh and others.
                                                  ...... PETITIONERS

                                   Versus

State of Punjab and another.
                                                  ...... RESPONDENTS


CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA


Present:    Mr. Onkar Singh Batalvi, Advocate
            for the petitioners.

            Mr. Gaurav Garg Dhuriwala, AAG, Punjab.

            Mr. Amit Jain, Advocate
            for respondent No.2.
                        *****

RAM CHAND GUPTA, J.(Oral)

The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.25, dated 28.02.2010 under Sections 323/324/452/34 IPC, registered at P.S. Qila Lal Singh, Police District Batala, Annexure P1, and all other consequential proceedings arising therefrom on the basis of Panchayatinama compromise, Annexure P2.

I have heard learned counsel for the parties and have gone through the record.

CRM No.M-14174 of 2010 2

It has been stated by learned counsel for the parties that both the parties belong to same village and the dispute has since been settled due to intervention of respectable persons and relatives.

Respondent No.2 - complainant also appeared in person with his counsel and filed reply by way of affidavit admitting the factum of compromise and stating that he is having no objection if the FIR and consequential proceedings are quashed.

In appropriate cases FIR can be quashed on the basis of compromise by exercising power under Section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh v. State of Punjab, 2007(3) RCR (Crl.) 1052.

Since the parties have amicably settled the matter and compromise has been effected between them due to intervention of the respectable persons and relatives, in the interest of harmonious relations between the parties, who are residents of same village, the present petition is allowed and the impugned FIR No. 25, dated 28.02.2010 under Sections 323/324/452/34 IPC, registered at P.S. Qila Lal Singh, Police District Batala, Annexure P1 alongwith all consequential proceedings qua petitioners - Baksish Singh, Gurnam Singh, Sukhwinder Singh and Balvir Singh is, hereby, quashed.

( RAM CHAND GUPTA ) May 21, 2010. JUDGE 'om'