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Punjab-Haryana High Court

Major Singh vs State Of Punjab on 21 May, 2014

Author: M.M.S. Bedi

Bench: M.M.S. Bedi

                    CRM M-7227 of 2014                                         [1]




                                IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                                                    CHANDIGARH.

                                                     CRM M-7227 of 2014

                                                     Date of Decision: May 21, 2014

                    Major Singh

                                                          .....Petitioner

                                  Vs.

                    State of Punjab

                                                          .....Respondent

                    CORAM:        HON'BLE MR. JUSTICE M.M.S. BEDI.

                                              -.-

                    Present:-     Mr. K.S. Kahlon, Advocate
                                  for the petitioner.

                                  Mr. C.S. Brar, DAG, Punjab.

                                  Proxy counsel for the complainant.


                                        -.-

                    M.M.S. BEDI, J. (ORAL)

This is a petition for quashing of FIR on the basis of compromise. FIR was registered against the petitioner and others who had constituted an unlawful assembly and armed with weapons caused injuries on the person of complainant Mangal Dass.

Gupta Sanjay 2014.05.23 17:25 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM M-7227 of 2014 [2] The petitioner has been declared a proclaimed offender. No indulgence can be shown to a person for the purpose of quashing of FIR, who has been declared a proclaimed offender.

Counsel for the complainant has appeared and stated that the matter has actually been compromise with the petitioner vide annexure P-3.

Since partial quashing of FIR will not be appropriate step in this case, this petition for quashing of the FIR is dismissed. Since the matter has been compromised, it will be open to the petitioner to seek the remedy available to him under Section 438 Cr.P.C. or to appear before the Illaqa Magistrate and seek concession of regular bail. Another alternative available with the petitioner is to protect his liberty by recording the supplementary statement of the complainant. In case the investigating officer records the supplementary statement of the complainant exonerating the petitioner, it will be open to him to seek any relief available to him including remedy to challenge the order declaring him proclaimed offender.

                    May 21, 2014                                     (M.M.S.BEDI)
                     sanjay                                            JUDGE




Gupta Sanjay
2014.05.23 17:25
I attest to the accuracy and
integrity of this document
High Court Chandigarh