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High Court of Punjab and HaryanaCRM-M/38891/2015dismissed

Hardev Singh And ORS v. State Of Punjab And ORS

2015-11-19Mr. Justice S.C. Malte2 pages

CRM-M-38891-2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-38891-2015 Date of Decision: November 19, 2015 Hardev Singh and others

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr. Harchand Singh Batth, Advocate, for the petitioners.

1.

Whether Reporters of local papers may be allowed to see the judgment? 2.

To be referred to the Reporters or not?

3.

Whether the judgment should be reported in the Digest? NARESH KUMAR SANGHI, J (Oral) Prayer in this petition, filed under Section 482, Cr.P.C., is for quashing of FIR No. 86, dated 6.7.2013, for the offences punishable under Sections 323, 325 and 341 read with Section 34, IPC, registered at Police Station, Sarhali, District Tarn Taran, and all the consequential proceedings arising therefrom, on the basis of compromise.

At the very outset, learned counsel for the petitioners was confronted with the provisions enshrined in Section 320, Cr.P.C., to the effect that all the offences for which the petitioners have been booked, are compoundable under the said provision, then learned counsel stated that it is a case of version and crossPRASHANT KAPOOR 2015.11.26 10:35 I attest to the accuracy and authenticity of this document

CRM-M-38891-2015 version, therefore, the present petition has been filed in this Court.

I have heard learned counsel for the petitioners and with his able assistance gone through the material available on record.

All the offences for which the petitioners have been booked are compoundable as per provisions contained in Section 320, Cr.P.C., therefore, the petitioners have to approach the Court of learned Area Judicial Magistrate/Trial Court for redressal of their grievance. It is made clear that once there is a specific provision in the Code of Criminal Procedure, then the parties have to opt for that provision and not to approach this Court by way of petition under Section 482, Cr.P.C. Dismissed.

(NARESH KUMAR SANGHI) JUDGE November 19, 2015 Pkapoor PRASHANT KAPOOR 2015.11.26 10:35 I attest to the accuracy and authenticity of this document