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Punjab-Haryana High Court

Lakhbir Singh & Another vs State Of Punjab & Another on 23 January, 2013

Author: Tejinder Singh Dhindsa

Bench: Tejinder Singh Dhindsa

                     IN THE HIGH COURT OF PUNJAB & HARYANA
                                   AT CHANDIGARH


                                                          CRM No.M-2171 of 2014 (O&M)

                                                          Date of decision:23.01.2014

           Lakhbir Singh & another                             ... Petitioners

                                           Vs.

           State of Punjab & another                           ... Respondents

           CORAM:              HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.


           Present:            Mr. Vikram Chaudhary, Advocate for the petitioners.

                               Mr. Vaibhav Sharma, DAG, Punjab.

                               Mr. Gaurav Kathuria, Advocate
                               for respondent No.2/complainant.

                               .....

           TEJINDER SINGH DHINDSA, J. (ORAL).

CRM No.2095 of 2014:

Application is allowed as prayed for. The affidavit dated 21.01.2014 of the complainant/respondent No.2 is taken on record.

Application disposed of.

Main case:

The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.118 dated 30.10.2013 under Sections 279, 337, 338, 427 IPC registered at Police Station Phase 8, SAS Nagar Mohali.

Counsel for the petitioner would submit that the matter has since been compromised between the parties and as such no useful purpose would be served for criminal proceedings to continue on the basis of the impugned FIR dated 30.10.2013.

Mr. Gaurav Kathuria, Advocate has put in appearance on behalf Kaur Harjeet 2014.01.27 10:20 I attest to the accuracy and integrity of this document CRM No.M-2171 of 2014 (O&M) -2- of respondent No.2/complainant and makes a statement that the matter in fact has been compromised. Even an affidavit dated 21.01.2014 of the complainant/respondent No.2 i.e. Jaspal Singh s/o Gurdev Singh to such effect has been placed on record. Mr. Jaspal Singh, complainant who is present in person is identified by ASI Bhupinder Kumar. Complainant also states that he would have no objection to the quashing of the FIR as the compromise has been effected with the accused and a total compensation amount of Rs.5,50,000/- has been received by him i.e. Rs.2,75,000/- in cash received on 01.01.2014 and the remaining payment of Rs.2,75,000/- by way of cheque bearing No.000004 dated 08.01.2014.

In the light of such factual position noticed hereinabove, it would be appropriate for this Court to intervene in exercise of the inherent powers under Section 482 Cr.P.C. and to quash the FIR No.118 dated 30.10.2013 under Sections 279, 337, 338, 427 IPC registered at Police Station Phase I, SAS Nagar Mohali and all proceedings emanating therefrom.

Petition allowed. FIR No.118 dated 30.10.2013 under Sections 279, 337, 338, 427 IPC registered at Police Station Phase I, SAS Nagar Mohali and to proceedings emanating therefrom stands quashed.

           January 23, 2014                           (TEJINDER SINGH DHINDSA)
           harjeet                                              JUDGE




Kaur Harjeet
2014.01.27 10:20
I attest to the accuracy and
integrity of this document