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Karam Pal Singh @ Sabhi v. State Of Punjab

Karam Pal Singh @ Sabhi v. State Of Punjab

(High Court Of Punjab And Haryana)

Criminal Miscelleanous No. 28363 of 2016 | 14-12-2016

M.M.S. Bedi, J. (Oral)This order will dispose of two petitions, one (CRM-M-28363-2016) filed by Karam Pal Singh @ Sabhi and others and the other (CRM-M-28660-2016) filed by Gurmeet Singh and others, as both arise out of the same FIR bearing FIR No. 7, dated 27.01.2012, under Sections 148, 149, 323, 341 and 506 I.P.C. registered at Police Station Bholath, District Kapurthala.

2. In CRM-M-28363-2016, quashing of the abovesaid FIR has been prayed for and in CRM-M-28660-2016, the cross version recorded on 28.01.2012, in the abovesaid FIR, has been sought to be quashed, on the basis of compromise.

3. The parties were directed to appear before the trial Court to make statement regarding the compromise having arrived at voluntarily.

4. After recording of the statements of the parties, a report regarding the satisfaction of the trial Court has been received, the matter having been compromised voluntarily, without any threat, coercion or undue influence.

5. Following the Full Bench judgment of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007 (3) RCR (Criminal) 1052 , [LQ/PunjHC/2007/1458] I do not find any reason to decline the prayer of quashing of the proceedings, where the parties have amicably resolved the dispute.

6. In view of the abovesaid circumstances, both the petitions are allowed. FIR No. 7, dated 27.01.2012, under Sections 148, 149, 323, 341, 452 and 506 I.P.C., besides Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Bholath, District Kapurthala and the cross-version recorded vide DDR dated 28.01.2012, under Sections 148, 149, 323, 341 and 506 I.P.C., in the abovesaid FIR and all the criminal proceedings emanating therefrom, are hereby quashed on the basis of compromise subject to all the petitioners in CRM-M No. 28363 of 2016, depositing of a total sum of Rs. 10,000/- with the Punjab State Legal Services Authority, Chandigarh and the petitioners in CRM-M No. 28660 of 2016, depositing a total sum of Rs. 10,000/- with the Punjab Police Welfare Fund, Sector - 9, Chandigarh, within a period of one month.

Advocate List
  • For Petitioner : Hemant Bassi, Advocate, for the Petitioners in CRM-M No. 28363 of 2016; Jashanpreet Singh, A.A.G., Punjab, for the Respondents; Shiv Kumar Goyal, Advocate, for the Petitioners in CRM-M No. 28660 of 2016
Bench
  • HON'BLE JUSTICE M.M.S. BEDI, J.
Eq Citations
  • LQ/PunjHC/2016/4261
Head Note

Criminal Procedure Code, 1973 — S. 482 — Quashing of FIR/criminal proceedings — Dispute having been compromised amicably, FIR quashed — Criminal Law — Criminal Procedure Code, 1973, S. 482 (Paras 2 to 6)