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Showing contexts for: ipc 295 in Tarsem Kumar Batra And Ors vs State Of Punjab And Ors on 18 April, 2023Matching Fragments
CRM-7825-2023 This is an application under Section 482 of Cr.P.C. seeking amendment in the head note of the petition, as there was typographical error on the part of the petitioner, praying for quashing of the case FIR No. 29 dated 15.02.2021 (Annexure P-1) registered under Sections 307/324/323/148/149 (Section 295 IPC added, Section 201 added, Sections 295/307 IPC deleted and Section 295-A of IPC added later on) registered at Police Station City Muktsar, District Sri Muktsar Sahib on the basis of compromise dated 21.08.2022 and further praying that amended head note and prayer clause be taken on record.
For the reasons mentioned in the application, same is allowed. Amended head note and prayer clause note is taken on record. CRM-M-37650-2022 This petition has been filed under Section 482 Cr.P.C. praying for the quashing of FIR No. 29 dated 15.02.2021, registered under Sections 1 of 8 Neutral Citation No:=2023:PHHC:076952 2022:PHHC:53944 307/324/323/148/149 (Section 295 IPC added, Section 201 added, Sections 295/307 IPC deleted and Section 295-A of IPC added later on) of the Indian Penal Code, 1860, at Police Station City Muktsar, District Sri Muktsar Sahib and all the subsequent proceedings emanating therefrom on the basis of compromise (Annexure P-2).
Learned counsel for the petitioners has submitted that there is no other FIR against the petitioners and they have not been declared as proclaimed offenders and learned State counsel has not disputed this fact.
Having heard the learned counsel for the parties and after perusing the report submitted by the trial Court, this Court finds that the matter has been amicably settled between the petitioner and the complainant, where the challan is yet to be presented and by the passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably. Further, initially the FIR was registered under Sections 307, 324, 323, 148 and 149 of Indian Penal Code (Section 295 and 201 IPC added and Sections 295 and 307 deleted and Section 295-A added later on) in Police Station City, Sri Muktsar Sahib which was registered on the statement of Karamjeet Singh. Therefore to prevent the abuse of the process of law and to secure the ends of justice, the criminal proceedings deserves to be quashed, under sec- tion 482 of Cr. P.C., which has the magnitude of the inherent jurisdiction of the High Court under it and this Court has inherent power under Section 482 of Cr.P.C. to quash an F.I.R. even when the offences are non-com- poundable, with the driving force being the object of securing ends of justice.
(ii) Seriousness of the injury, if any; (iii) Voluntary nature of compromise between the accused and the victim; & (iv) Conduct of the accused persons, prior to and after the occurrence of the purported offence and/or other relevant considerations." In view of the report of Chief Judicial Magistrate, Sri Muktsar Sahib and the compromise dated (Annexure P-2) and the principles laid down in conspectus of aforesaid judicial precedents, no useful purpose would be served by continuing the proceedings. Therefore, this petition is allowed and FIR No. 29 dated 15.02.2021, registered under Sections 307/324/323/148/149 (Section 295 IPC added, Section 201 added, Sections 295/307 IPC deleted and Section 295-A of IPC added later on) of the Indian Penal Code, 1860, at Police Station City Muktsar, District Sri Muktsar Sahib ib and all the subsequent proceedings emanating therefrom are hereby quashed, qua the petitioners.