Nirmal Singh And ORS v. State Of Punjab And ANR

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

Cr. Misc. M 33552 of 2016 Date of decision: 22.9.2016 Nirmal Singh and others Petitioners vs.

State of Punjab and anr Respondent

Present:

Mr. BS Jattana, Advocate.

M.M.S.BEDI,J.

Quashing of criminal proceedings in a case of assault, launched on the basis of FIR No. 50 dated 1.6.2014 u/s 324/323/34 IPC registered at P.S. Kot Kharmu,District Mansa, has been prayed for on the basis of compromise, after the conviction order has been passed by Judicial Magistrate, Mansa (Annexure P-2) The petitioners claim that during pendency of the appeal the matter has been compromised.

Notice of motion. On asking of the court, Ms. HK Athwal, DAG, Punjab has accepted notice. Mr. Ashok Kumar Sama, Advocate has also accepted notice on behalf of respondent No.2 to state that the matter has actually been compromised.

In view of the above, this petition is disposed of with a direction that the lower appellate court shall record the statements of the parties regarding matter having been compromised without any threat, undue influence or coercion. In case the lower appellate court finds that the offences are compoundable, it will be open to it to dispose of the case on the basis of compounding, as per the provisions of Section 320 Cr.P.C. September 22 ,2016 ( M.M.S.BEDI ) TSM JUDGE Whether speaking/ reasoned Yes/ No Whether Reportable Yes/ No Tapinder Singh Mann 2016.09.22 17:19 I attest to the accuracy and integrity of this document