Punjab and Haryana HC quashes FIR which was outcome of sudden altercation between neighbours

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Read Order- Gul Mahommad and others v. State of Haryana and others

LE Staff

Chandigarh, September 14, 2021: The Punjab and Haryana HC has quashed an FIR which was an outcome of a sudden alteration between neighbours and the matter had been compromised.

The  petitioners were seeking quashing of FIR dated October 19,2020 under various sections of the IPC, registered at Police Station Indri, Karnal, on the basis of compromise dated October 25,2020, which had been arrived at between the parties.

The petitioner contended that the FIR was outcome of a sudden quarrel without any premeditation between neighbours in which only 2 injuries were caused. One of which was simple in nature while the other was a solitary blow on the head of the son of the complainant.

The allegation was that the injury on the head of the son of the complainant was caused by blow but in the MLR it had been shown as a blunt injury. First petitioner is 23 years of age, second petitioner is 18 years of age and third petitioner is 20 years of age and they were not involved in any other criminal case. The matter had been compromised. A copy of compromise had also been annexed.

The respondents stated that the matter had indeed been compromised.

Earlier,this Court by certain orders had directed the parties to appear before the Illaqa Magistrate/trial Court for recording their statements and send a report as to whether the compromise had been arrived at without any coercion or undue influence.

The report of the Judicial Magistrate Ist Class, Indri, Karnal dated August 5,2021 had been received, wherein it was stated that in pursuance to the order of this Court, the statements of the parties were recorded which indicated that compromise which had been effected was genuine, voluntary and without undue influence.

While allowing the Petition, the Bench of Justice Anupinder Singh Grewal referred to the law laid down by the Supreme Court in the case of Narinder Singh vs. State of Punjab and observed that no useful purpose would be served by continuing the criminal proceedings.

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