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Lakhbir Singh And Anr vs State Of Punjab And Anr on 27 May, 2019

CRM-M No. 14880 of 2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
247
*****

CRM-M No. 14880 of 2019
Date of decision : 27.5.2019

Lakhbir Singh and another ……..Petitioners
Vs.
State of Punjab and another …….Respondents

CORAM:- HON’BLE MR. JUSTICE RAJ SHEKHAR ATTRI

Present: Mr. K.S. Brar, Advocate, for the petitioners

Mr. Harpreet Multani, AAG, Punjab

Mr. J.S. Grewal, Advocate, for respondent No. 2

RAJ SHEKHAR ATTRI, J.

By invoking Section 482 Code of Criminal Procedure (in short,

“SectionCr.P.C.”), the petitioners have prayed for quashing of FIR No. 173 dated

4.12.2018 for offence punishable under Section 498A, Section323 and Section34 of the

Indian Penal Code (in short, “SectionIPC”) registered at Police Station Zira,

District Ferozepur, and proceedings emanating therefrom on the basis of

compromise dated 11.3.2019 (Annexure P-2) arrived at between the parties.

In the present case, the FIR was registered on the statement of

Amandeep Kaur wife of Lakhbir Singh, daughter of Chanan Singh. Now,

dispute between the parties has been resolved by way of compromise

Annexures P-2.

Vide order dated 1.4.2019, the parties were directed to appear

before the trial Court to get their statements recorded with regard to

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CRM-M No. 14880 of 2019 -2-

genuineness of compromise.

Pursuant thereto, a report has been submitted by Sub Divisional

Judicial Magistrate, Zira, wherein it has been reported that statements of the

parties have been recorded and they have voluntarily compromised the

matter without any coercion or undue influence.

Counsel for the State and respondent No. 2 have not disputed

that the parties i.e. petitioners and respondent No.2 have arrived at a

settlement with an intent to give burial to their differences.

Perusal of allegations in the FIR reveals that the present case

squarely falls in the category of cases that can be quashed by the High

Court, in exercise of its inherent power under Section 482 Cr.P.C. Keeping

in view authoritative enunciation of law laid down by Hon’ble the Supreme

Court in ‘SectionGian Singh v. State of Punjab and another’, 2012 (4) R.C.R.

(Criminal) 543 and in the light of facts and circumstances discussed

hereinbefore, this Court is of the considered opinion that continuation of

criminal proceedings would amount to abuse of process of law and it is

expedient in the interest of justice that the same are put to an end.

For the foregoing reasons, the petition is allowed, FIR No. 173

dated 4.12.2018 for offence punishable under Section 498A, Section323 and Section34 of

the IPC, registered at Police Station Zira, District Ferozepur, and

proceedings emanating therefrom stand quashed qua the petitioners.

(RAJ SHEKHAR ATTRI)
JUDGE
27.5.2019
Ashwani

Speaking/reasoned Yes/No
Reportable Yes/No
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