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[Cites 8, Cited by 2]

Punjab-Haryana High Court

Balbir Singh And Ors vs State Of Punjab And Another 2007(3) ... on 31 July, 2012

Author: Jitendra Chauhan

Bench: Jitendra Chauhan

Crl.Misc.No. M-25820 of 2011                                          1

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                               Crl.Misc.No. M-25820 of 2011
                               Date of decision : 31.7.2012

Balbir Singh and Ors.                       Petitioners
       v.
State of Haryana and Anr.                   Respondents


CORAM       HON'BLE MR. JUSTICE JITENDRA CHAUHAN


Present:   Mr. Pankaj Bali, Advocate for the petitioners
           Mr. BS Saini, Sr. DAG, Haryana
           Mr. Rahul Deswal, Advocate for respondent No.2
                         ....

JITENDRA CHAUHAN,J.

This petition under section 482 Cr.P.C has been filed for quashing of the FIR No. 371 dated 26.8.2007 under sections 148/149/447/427/511/506 IPC, registered at Police Station Sadar, Karnal ( Annexure P-1) and all the subsequent proceedings arising therefrom on the basis of compromise.

A report, dated 7.5.2012, from the court of Judicial Magistrate Ist Class, Karnal is received, wherein it has been noticed that the complainant Rulia Ram effected compromise with one accused namely Jasmer Singh. Rulia Ram appeared in the court and his statement was recorded that he has compromised with Jasmer son of Shri Dhan Singh and does not want to carry any legal proceedings against him in future in the present case. The complainant has given affidavit to this effect, which is on record as Annexure P-4. A perusal of the compromise reveals that the complainant has no grudge against the accused-petitioners and he has no objection if the FIR lodged at his instance and the subsequent proceedings Crl.Misc.No. M-25820 of 2011 2 are quashed.

In view of the above, this Court is of the opinion that no useful purpose would be served in continuing the proceedings. In view of the law laid down by the Full Bench of this Court in re: Kulwinder Singh and Others versus State of Punjab and another 2007(3) Recent Criminal Reports (Crl.) 1052, this Court is competent to quash the proceedings on the basis of compromise.

Accordingly, this petition is allowed and FIR No. 371 dated 26.8.2007 under sections 148/149/447/427/511/506 IPC, registered at Police Station Sadar, Karnal ( Annexure P-1) and all proceedings arising therefrom are hereby quashed.

(JITENDRA CHAUHAN) JUDGE 31.7.2012 MS