DHARAMBIR Vs. STATE OF HARYANA
LAWS(P&H)-2005-2-132
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 11,2005

DHARAMBIR Appellant
VERSUS
STATE OF HARYANA Respondents


Referred Judgements :-

MAHESH CHAND V. STATE OF RAJASTHAN [REFERRED TO]
STATE OF KARNATAKA V. L. MUNISWAMY AND OTHERS [REFERRED TO]
MADHU LIMAYE V. STATE OF MAHARSHTRA [REFERRED TO]
RUCHI AGARWAL V. AMIT KUMAR AGARWAL AND ORS. [REFERRED TO]
SANKATHA SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
STATE OF KARNATAKA VS. L MUNISWAMY [REFERRED TO]
AMAR NATH VS. STATE OF HARYANA [REFERRED TO]
MADHU LIMAYE VS. STATE OF MAHARASHTRA [REFERRED TO]
MADHU LIMAYE VS. STATE OF MAHARASHTRA [REFERRED TO]
STATE OF ORISSA VS. RAM GHANDERAGARWALA [REFERRED TO]
SHAKUNTALA SAWHNEY VS. KAUSHALYA SAWHNEY [REFERRED TO]
RAJ KAPOOR VS. STATE [REFERRED TO]
SOORAJ DEVI VS. PYARE LAL [REFERRED TO]
STATE OF PUNJAB VS. JAGDEV SINGH TALWANDI [REFERRED TO]
UNION OF INDIA UNION OF INDIA BISWAROOP CHATTERJEE ACHINTA KUMAR BISWAS NABENDU BOSE LAXMI NARAYAN VS. TULSIRAM PATEL:SADANAND JHA:G P KOUSHAL:UNION OF INDIA:STATE OF MADHYA PRADESH [REFERRED TO]
Y SURESH BABU VS. STATE OF ANDHRA PRADESH [REFERRED TO]
SIMRIKHIA VS. DOLLEY MUKHERJEE AND CHHABI MUKHERJEE [REFERRED TO]
SIMRIKHIA VS. DOLLEY MUKHERJEE AND CHHABI MUKHERJEE [REFERRED TO]
STATE OF HARYANA VS. BHAJAN LAL [REFERRED TO]
STATE OF HARYANA VS. BHAJAN LAL [REFERRED TO]
STATE OF HARYANA VS. BHAJAN LAL [REFERRED TO]
DELHI JUDICIAL SERVICE ASSOCIATION TIS HAZARI COURT VS. STATE OF GUJARAT [REFERRED TO]
GANESH NARAYAN HEGDE VS. S BANGARAPPA [REFERRED TO]
DEEPTI ALIAS ARATI RAI VS. AKHIL RAI [REFERRED TO]
B C CHATURVEDI UNION OF INDIA VS. UNION OF INDIA [REFERRED TO]
KRISHNAN VS. KRISHNAVENI [REFERRED TO]
PEPSI FOODS LIMITED VS. SPECIAL JUDICIAL MAGISTRATE [REFERRED TO]
CHANDRAKANT PATIL SHYAM K GARIKAPATI SUBHASH SINGH THAKUR JAYENDRA THAKUR VS. STATE [REFERRED TO]
SUPREME COURT BAR ASSOCIATION VS. UNION OF INDIA [REFERRED TO]
SANCHALAKSHRI VS. VIJAYAKUMAR RAGHUVIRPRASAD MEHTA [REFERRED TO]
RAM LAL VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
SURENDRA NATH MOHANTY VS. STATE OF ORISSA [REFERRED TO]
C M SINGH VS. H P KRISHI VISHVA VIDYALAYA [REFERRED TO]
G V RAO VS. L H V PRASAD [REFERRED TO]
HARI SINGH MANN VS. HARBHAJAN SINGH BAJWA [REFERRED TO]
ANIL RAI VS. STATE OF BIHAR [REFERRED TO]
ANIL RAI VS. STATE OF BIHAR [REFERRED TO]
B S JOSHI VS. STATE OF HARYANA [REFERRED TO]
B S JOSHI VS. STATE OF HARYANA [REFERRED TO]
B S JOSHI VS. STATE OF HARYANA [REFERRED TO]
STATE VS. NAVJOT SANDHU alias AFSHAN GURU [REFERRED TO]
ZAHIRA HABIBULLA H SHEIKH VS. STATE OF GUJARAT [REFERRED TO]
TRIPATI BALAJI DEVELOPERS PRIVATE LIMITED VS. STATE OF BIHAR [REFERRED TO]
STATE OF PUNJAB VS. PHULAN RANI [REFERRED TO]
STATE OF PUNJAB VS. PHULAN RANI [REFERRED TO]
BANKAT VS. STATE OF MAHARASHTRA [REFERRED TO]
MOHD SHAMIM VS. NAHID BEGUM [REFERRED TO]
SHARAN DEEP SINGH VS. STATE [REFERRED TO]
SUBHASH CHANDER VS. STATE OF PUNJAB [REFERRED TO]



Cited Judgements :-

SURINDER KAMBOJ VS. STATE OF PUNJAB [LAWS(P&H)-2007-10-18] [REFERRED TO]
DALJIT SINGH AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2013-2-327] [REFERRED TO]
RAJENDER SHARMA VS. STATE OF HARYANA [LAWS(P&H)-2013-5-144] [REFERRED TO]
SHAMSHER SINGH AND ORS. VS. STATE OF PUNJAB [LAWS(P&H)-2015-3-193] [REFERRED TO]
MANOJ SHARMA VS. RAMAN MAHAJAN [LAWS(P&H)-2015-4-203] [REFERRED TO]
LASHKAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2015-5-567] [REFERRED TO]
RAJBIR AND ORS. VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2011-3-444] [REFERRED TO]
SANDEEP AND ORS. VS. STATE OF HARYANA AND ANR. [LAWS(P&H)-2011-3-703] [REFERRED TO]
RAVI YADAV AND ORS. VS. STATE OF PUNJAB AND ANR. [LAWS(P&H)-2011-4-260] [REFERRED TO]
JOAN SINGH AND ORS. VS. STATE OF PUNJAB AND ANR. [LAWS(P&H)-2011-5-320] [REFERRED TO]
GURWINDER SINGH @ NEELA AND ANR. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2011-6-38] [REFERRED TO]
DALJIT SINGH AND ORS. VS. STATE OF PUNJAB AND ANR. [LAWS(P&H)-2011-6-40] [REFERRED TO]
GURBACHAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2015-4-403] [REFERRED TO]
BINY RALLY VS. STATE OF PUNJAB [LAWS(P&H)-2015-3-668] [REFERRED TO]
GURPREET SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2011-3-149] [REFERRED TO]
VIJAY CHAUHAN VS. STATE OF HARYANA [LAWS(P&H)-2011-3-101] [REFERRED TO]
DAWINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2012-4-83] [REFERRED TO]
BHUPINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2012-5-195] [REFERRED TO]
BHUPINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2012-4-85] [REFERRED TO]
KARAM SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2012-4-86] [REFERRED TO]
KAUSHLAYA DEVI VS. STATE OF HARYANA [LAWS(P&H)-2013-2-44] [REFERRED TO]
HARNEK SINGH VS. STATE OF HARYANA [LAWS(P&H)-2013-3-41] [REFERRED TO]
GURDEEP SINGH ALIAS MOHANI SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2013-3-47] [REFERRED TO]
RAM NATH VS. STATE OF HARYANA [LAWS(P&H)-2009-3-58] [REFERRED TO]
TALWINDER SINGH @ LADDI VS. STATE OF PUNJAB [LAWS(P&H)-2008-5-73] [REFERRED TO]
KULDEEP SINGH AND ORS. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2011-3-575] [REFERRED TO]
MAHAVIR AND ANR. VS. THE STATE OF PUNJAB AND ANR. [LAWS(P&H)-2011-3-801] [REFERRED TO]
PAWAN KUMAR @ PAPPU AND ANR. VS. THE STATE OF HARYANA [LAWS(P&H)-2009-12-122] [REFERRED TO]
CHATTER SINGH AND ORS. VS. STATE OF HARYANA [LAWS(P&H)-2016-2-54] [REFERRED TO]
S.K. TRADERS AND ORS. VS. RFH SOLUTIONS PVT. LIMITED AND ORS. [LAWS(P&H)-2016-1-266] [REFERRED TO]
HARJINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2011-4-30] [REFERRED TO]
NISHA VS. STATE OF PUNJAB [LAWS(P&H)-2011-1-158] [REFERRED TO]
HARKIRAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2010-9-211] [REFERRED TO]
HARPAL SINGH @ SONI VS. STATE OF HARYANA [LAWS(P&H)-2008-4-75] [REFERRED TO]
SHIV SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2007-3-332] [REFERRED TO]
SARABJEET SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2007-5-75] [REFERRED TO]
KULWINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2007-8-49] [REFERRED TO]
DEVI LAL AND ORS VS. STATE OF PUNJAB AND ORS [LAWS(P&H)-2010-8-294] [REFERRED]
AKASHDEEP SAKHUJA AND ORS VS. STATE OF HARYANA AND ANR [LAWS(P&H)-2010-8-300] [REFERRED]
VEERPAL KAUR VS. UNION TERRITORY, CHANDIGARH AND ANR [LAWS(P&H)-2010-8-350] [REFERRED]
NIRMAL SINGH VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-3-196] [REFERRED]
ANIL KUMAR AND ANOTHER VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2012-5-353] [REFERRED]
NERRAJ AND OTHERS VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-5-356] [REFERRED]
BALWINDER KAUR AND ANOTHER VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-5-384] [REFERRED]
HARWINDER SINGH ALIAS HINDI AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-7-303] [REFERRED]
AMAN BHATIA AND OTHERS VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-7-322] [REFERRED]
HONEY KOCHHAR ALIAS HANISH KUMAR AND ANOTHER VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-8-221] [REFERRED]
DALVINDER SINGH ALIAS FAUJI ALIAS GUDDU VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-8-225] [REFERRED]
RAM PHAL VS. STATE OF U T CHANDIGARH AND OTHERS [LAWS(P&H)-2012-9-253] [REFERRED]
KHAJAN SINGH VIRDI AND OTHERS VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-9-279] [REFERRED]
MEHAR CHAND AND OTHERS VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2012-9-292] [REFERRED]
JASWINDER SINGH ALIAS LAWLA AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-9-314] [REFERRED]
HONEY @ GUJJAR @ RAJINDER AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-10-170] [REFERRED]
TARUN JUNEJA AND OTHERS VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2012-10-181] [REFERRED]
RAM PAL AND OTHERS VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2013-1-449] [REFERRED]
AMIT TAHEAM AND OTHERS VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2013-3-345] [REFERRED]
BALWANT SINGH AND OTHERS VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2013-5-459] [REFERRED]
GURDEEP SINGH AND OTHERS VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-5-400] [REFERRED]
KIRANDEEP KAUR AHLUWALIA AND ANOTHER VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-5-403] [REFERRED]
SURENDER VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2012-5-406] [REFERRED]
RAJESH KWATRA AND OTHERS VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-5-408] [REFERRED]
HARBHAJAN SINGH ALIAS KAKA AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-5-432] [REFERRED]
BALWINDER SINGH AND OTHERS VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-7-374] [REFERRED]
DARSHAN SINGH AND ANOTHER VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-7-393] [REFERRED]
AMRIK SINGH AND OTHERS VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2012-9-337] [REFERRED]
AVTAR SINGH AND OTHERS VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-11-382] [REFERRED]
AJIT SINGH AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-11-388] [REFERRED]
PALA AND ORS VS. STATE OF HARYANA AND ORS [LAWS(P&H)-2010-11-564] [REFERRED]
HARKAMAL JIT SINGH AND ORS VS. U T AND ANR [LAWS(P&H)-2011-3-945] [REFERRED]
RAJESH SOOD AND ANOTHER VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-5-514] [REFERRED]
SAPNA & OTHERS VS. STATE OF PUNJAB & ANOTHER [LAWS(P&H)-2012-10-437] [REFERRED]
GURCHARAN KUMAR @ LALI & ANOTHER VS. STATE OF PUNJAB & ANOTHER [LAWS(P&H)-2012-10-438] [REFERRED]
DILBAG SINGH AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-10-443] [REFERRED]
SUKHWINDER SINGH AND OTHERS VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-10-473] [REFERRED]
PURAN PARKASH SAINI AND OTHERS VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2012-10-543] [REFERRED]
SHIVRAJ SINGH AND OTHERS VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2013-1-631] [REFERRED]
KULWINDER SINGH AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-11-507] [REFERRED]
ASHOK KUMAR AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2013-1-719] [REFERRED]
GURJANT SINGH VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2013-2-599] [REFERRED]
SURESH KUMAR SINGLA AND ANOTHER VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2013-4-544] [REFERRED]
ASHOK AND OTHERS VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2013-7-1243] [REFERRED]
SURESH KUMAR SHARMA AND OTHERS VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-10-594] [REFERRED]
AJIT SINGH AND ORS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-11-538] [REFERRED]
TARANJIT SINGH AND ANOTHER VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-11-555] [REFERRED]
KULDIP SINGH AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-11-568] [REFERRED]
JASBEER AND OTHERS VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2012-11-580] [REFERRED]
SANJAY AND OTHERS VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2013-3-554] [REFERRED]
NIRMAL SINGH AND OTHERS VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2013-3-555] [REFERRED]
JAGDEEP SINGH @ BADDI @ INDERVEER SINGH AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2013-3-557] [REFERRED]
JASBIR SINGH AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2013-5-743] [REFERRED]
SURENDER SINGH AND ORS VS. STATE OF HARYANA AND ORS [LAWS(P&H)-2011-3-948] [REFERRED]
DHARAM SINGH AND ANOTHER VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-5-440] [REFERRED]
AJAY ABROL AND OTHERS VS. STATE OF U T , CHANDIGARH AND ANOTHER [LAWS(P&H)-2012-5-449] [REFERRED]
MANDEEP AND OTHERS VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2012-5-467] [REFERRED]
GURMINDER SINGH VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-7-430] [REFERRED]
UJJAGAR SINGH VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-3-452] [REFERRED]
SUKHJINDER KAUR AND ANOTHER VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-5-471] [REFERRED]
JASKARAN SINGH AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-5-474] [REFERRED]
MALKIAT SINGH VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-5-476] [REFERRED]
BALWANT SINGH VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-5-484] [REFERRED]
SURJIT KAUR GREWAL VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-5-526] [REFERRED]
DARWINDER KAUR VS. STATE OF PUNJAB [LAWS(P&H)-2012-8-406] [REFERRED]
RAJ SINGH AND OTHERS VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2012-8-411] [REFERRED]
SATINDER SINGH AND ANOTHER VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-8-415] [REFERRED]
SUKHWINDER SINGH ALIAS BHOLA AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-7-480] [REFERRED]
BALVINDER SINGH SANDHAN AND ANOTHER VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2012-9-457] [REFERRED]
RAJA SINGH AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-9-469] [REFERRED]
MANDEEP SINGH AND OTHERS VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-8-434] [REFERRED]
JATINDER SINGH AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-9-512] [REFERRED]
NARESH AND OTHERS VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2012-8-463] [REFERRED]
JAGJIT SINGH AND ORS VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-8-479] [REFERRED]
AMARJIT SINGH AND OTHERS VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-9-542] [REFERRED]
RANDEEP SINGH VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2012-9-545] [REFERRED]
BHARAT BHUSHAN PURI VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2012-9-548] [REFERRED]
HARJIT SINGH AND OTHERS VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-9-556] [REFERRED]
BALBIR SINGH VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-9-560] [REFERRED]
KARAN AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-9-566] [REFERRED]
SUKHDIP SINGH AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-9-573] [REFERRED]
RANVIR SINGH AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-10-501] [REFERRED]
RAMSARUP MEENA VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-10-503] [REFERRED]
PARGAT SINGH AND OTHERS VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-10-522] [REFERRED]
HARDEV SINGH AND ANOTHER VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-7-541] [REFERRED]
ROHIT GULATI VS. STATE OF UNION TERRITORY, CHANDIGARH AND ANOTHER [LAWS(P&H)-2012-7-547] [REFERRED]
RANJIT SINGH AND ANOTHER VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-7-549] [REFERRED]
GAGANDEEP @ GAGANJIT SINGH VS. STATE OF U T CHANDIGARH AND OTHERS [LAWS(P&H)-2012-8-522] [REFERRED]
JASPAL SINGH AND OTHERS VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-9-600] [REFERRED]
USHA KHANNA VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-9-612] [REFERRED]
DEVENDER KUMAR VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-10-563] [REFERRED]
JARNAIL SINGH AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-10-571] [REFERRED]
NEELAM PATHRIA VS. GURSHARAN KAUR [LAWS(P&H)-2012-10-572] [REFERRED]
MANMEET SINGH @ WHISKI @ BABA & ANR VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2013-7-1281] [REFERRED]
SUKHWINDER SINGH AND ANOTHER VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2012-9-702] [REFERRED]
RAJWINDER SINGH AND OTHERS VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2011-4-408] [REFERRED TO]
HARJIT KAUR VS. STATE OF PUNJAB [LAWS(P&H)-2011-4-409] [REFERRED TO]
SMT. SONI SONKAR AND 2 OTHERS VS. STATE OF U.P. AND 2 OTHERS [LAWS(ALL)-2017-9-135] [REFERRED TO]


JUDGEMENT

Amar Dutt, J. - (1.)THE question which requires an answer of ours in this bunch of 12 cases reads thus:
Whether the High Court will be well within its powers to quash an FIR under Section 482 of the Code of Criminal Procedure if the parties had entered into a compromise and settled all their disputes.

The Background:

(2.)ON 30.8.2003, a Special Lok Adalat was held at Narnaul. Following 12 criminal cases, in which applications for recording of compromise and disposing them of came up for consideration:
(i) Criminal Misc No. 2578 -M of 2004. Offences under Sections 279/337 IPC out of which Section 279 IPC is non -compoundable.

(ii) Criminal Misc No. 2579 -M of 2004. Offences under Sections 457/380 IPC, which are non -compoundable.

(iii) Criminal Misc No. 2580 -M of 2004. Offences under Sections 427/447/323/506/34 IPC out of which Section 506 IPC, if more than 7 years, is non -compoundable.

(iv) Criminal Misc. No. 2581 -M of 2004. Offences under Sections 148/149/323/324/325 IPC out of which Section 148 IPC is non -compoundable.

(v) Criminal Misc. No. 2582 -M of 2004. Offences under Sections 148/149/323/324/325 IPC out of which Section 148 IPC is non -compoundable.

(vi) Criminal Misc. No. 2583 -M of 2004. Offences under Sections 323/325/506/34 IPC out of which Section 506 IPC if more than 7 years is non - compoundable.

(vii) Criminal Misc. No. 2584 -M of 2004. Offences under Sections 279/337/338 IPC out of which Section 279 IPC is non -compoundable.

(viii) Criminal Misc. No. 2585 -M of 2004. Offences under Sections 498A/406/506/34 IPC out of which Sections 498 -A and 506 IPC, if more than 7 years, are non -compoundable.

(ix) Criminal Misc. No. 2586 -M of 2004. Offences under Sections 323/325/452/34 IPC out of which Section 452 IPC is non -compoundable.

(x) Criminal Misc. No. 2587 -M of 2004. Offences under Sections 148/149/323/506 IPC out of which Sections 148 and 506 IPC, if more than 7 years, are non - compoundable.

(xi) Criminal Misc. No. 2588 -M of 2004. Offences under Sections 148/149/323/506 IPC out of which Sections 148 and 506 IPC, if more than 7 years, are non -compoundable.

(xii) Criminal Misc. No. 2589 -M of 2004. Offences under Sections 148/149/323 IPC out of which Section 148 IPC is non -compoundable.

2.1 After the statement of the parties had been recorded, the following order was passed as per the directions of the Hon'ble Administrative Judge of Narnaul:

File taken up today in the Special Lok Adalat, Narnaul. Compromise filed. Statements of the parties recorded. File be sent to Hon'ble High Court for being put up before Hon'ble Mr. Justice V.K. Bali, Judge, Punjab & Haryana High Court, Chandigarh, as desired.

2.2 Thereafter, the office registered the cases as indicated hereinbefore.

2.3 These cases eventually came up for hearing on 11.9.2003 before one of us (V.K. Bali, J.) who after adverting to the judgment of the Supreme Court in B.S. Joshi and Ors. v. State of Haryana and Anr. : 2003 (2) RCR (Crl.) 888 (SC) : JT 2003 (3) SC 277 : [AIR 2003 SC 1386 : (2003) 4 SCC 657], passed the following order:

This matter was put up in the Special Lok Adalat held at Narnaul on 30.8.2003. An application has been made by the complainant and the accused for recording compromise. Accused in this case has been challenged under Sections 279/337 IPC. Prima facie, it appears to me that out of the offences, mentioned above, Section 279 IPC is the only offence which is non -compoundable. However, the fact remains that the accused have been charged with petty offences, like, 279 and 337 IPC. The Hon'ble Supreme Court in a recent judgment in B.S. Joshi and Ors. v. State of Haryana and Anr., : JT 2003 (3) SC 277, has held that even where the offence may be non -compoundable but the parties have arrived at a compromise and settled all their disputes, the High Court would be well within its powers to quash the FIR, under Section 482 Code of Criminal Procedure It is no doubt true that the judgment in B.S. Joshi's case (supra) relates to offences connected with matrimonial disputes. However, it is worth examining as to whether, when the parties may have compromised the matter and settled all their disputes, it would be within the jurisdiction of High Court under Section 482 Code of Criminal Procedure to quash the FIR. I may mention that settlement of disputes brings amity between the parties and if, despite such a compromise, the dispute may linger on, same may result into commission of further offences by either of the parties involved in the dispute. Further, once the parties have settled their disputes, continuances of the trial would be mere wastage of (time) of the Court and the parties, who would have continued financial burden as well. The trial, in the circumstances, as referred to above, shall also be a mock one.

The application for compromise be put up on judicial side by treating the same as a petition under Section 482 Code of Criminal Procedure for quashing the FIR, before an appropriate Bench, after obtaining necessary orders of Hon'ble the Chief Justice.

Inasmuch as this case was put up before the Special Lok Adalat and the Court is of the opinion that the matter be put up on judicial side, if there be requirement of giving legal assistance to the parties, same may be provided by the Haryana State Legal Services Authority, Chandigarh.

Since the judicial file has been sent to this Court in original, an intimation of this order be sent to the concerned trial Magistrate.

2.4 The office placed the records before the administrative side of one of us (the Chief Justice). The cases were referred to a Division Bench. Thereafter, the cases were directed to be placed before this Full Bench.

Lest the stand point of the applicants went unrepresented, we had requested Shri R.S. Cheema, Senior Advocate, Smt. Charu Tuli, Senior Deputy Advocate General, Punjab, Shri Jaswant Singh, Senior Deputy Advocate General, Haryana and Shri Ajai Lamba, Standing Counsel for Union Territory, Chandigarh, to assist us.

3.1 These learned Counsel have during the course of arguments dealt with remarkable felicity all the aspects involved in the cases.

3.2 We perused the record.

The Findings:

(3.)THE facts are not in dispute. The Special Lok Adalat at Narnaul had before it 12 applications moved in criminal cases, in which the accused were alleged to have committed the offences that were not compoundable, for bringing on record the fact that the parties in each one of these cases had sorted out their differences. Apart from Section 320 of the Code of Criminal Procedure (in short "the Code"), Sub -clause (1) of Section 320 of the Code, which specifies the cases that according to the Code, are compoundable and sub - Clause (2) thereof lists the offences, which are compoundable with the permission of the Court, Section 320(9) of the Code makes all other cases being tried by a criminal Court non -compoundable.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.