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Punjab-Haryana High Court

Jaspal Singh vs State Of Punjab & Ors on 27 May, 2016

Author: Jaspal Singh

Bench: Jaspal Singh

CRM NO. M-5980 of 2016                                    -1 -



      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                   CHANDIGARH


                                   CRM NO. M-5980 of 2016
                                   Date of decision:- May 27, 2016

Jaspal Singh

                                                          ...Petitioner...
                          versus


State of Punjab and others
                                                          ...Respondents...


CORAM : HON'BLE MR. JUSTICE JASPAL SINGH

Present :   Mr. R.P. Dhir, Advocate
            for the petitioner.

            Mr. K.S. Pannu, DAG, Punjab.

            Mr. Sumit Ahuja, Advocate,
            for respondent No.3-complainant.

             *****
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?


JASPAL SINGH, J.

Instant petition has been preferred under Section 482 of the Code of Criminal Procedure, for quashing of zero FIR No.2015002, dated 07.04.2015, under Sections 406, 467, 468, 471/120-B IPC, Police Station IGI Airport, Delhi later on sent to Police Station Shahkot, District Jalandhar, along with all subsequent proceedings arising therefrom, on the basis of compromise.

2. Report of learned Judicial Magistrate has been received, in which, it has been categorically observed that compromise appears to be 1 of 2 ::: Downloaded on - 31-05-2016 00:08:51 ::: CRM NO. M-5980 of 2016 -2 - genuine one having been arrived at by the parties with free will without any pressure or coercion. There is nothing on the record to doubt the genuineness of the compromise so arrived at between the parties. Even otherwise, the matter involved is personal in nature, which has been amicably put at rest. Compromise is the soul of justice, which not only enhances the social amity, harmony and peace but also reduces friction and discord.

3. So, in view of above circumstances and in view of the pronouncement captioned as Kulwinder Singh & others v. State of Punjab & others; 2007 (3) RCR (Criminal) 1052, I am of the considered opinion that continuation of criminal proceedings between the parties would be an abuse of the process of law and the present compromise is for their benefit and will bring peace and harmony between them.

4. Consequently, the instant petition stands allowed and zero FIR No.2015002, dated 07.04.2015, under Sections 406, 467, 468, 471/120-B IPC, Police Station IGI Airport, Delhi later on sent to Police Station Shahkot, District Jalandhar, and all other consequential proceedings arising therefrom are quashed qua the petitioner.

May 27, 2016                                         (JASPAL SINGH)
sonika                                                   JUDGE




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