Can Petition Be Dismissed as Infructuous When Parties Settle Amicably During Proceedings? (No Change or Clarification to Existing Law—Order as per Binding Practice)

Where parties inform the court of amicable settlement during pendency of petition, the matter may be dismissed as infructuous. This judgment does not lay down any new precedent or overrule any prior law, but applies existing practice. Its utility lies in reaffirming the established procedure for similar situations involving civil petitions, and does not create any new binding or persuasive authority for future cases.

 

Summary

Category Data
Case Name CWP/6480/2007 of GURINDER SINGH Vs STATE OF PB. AND ORS. CNR PHHC010634232007
Date of Registration 01-05-2007
Decision Date 28-10-2025
Disposal Nature DISMISSED
Judgment Author MR. JUSTICE JAGMOHAN BANSAL
Court High Court of Punjab and Haryana
Bench Single Judge (MR. JUSTICE JAGMOHAN BANSAL)
Precedent Value Order; does not create binding precedent
Type of Law Civil Procedure
Ratio Decidendi
  • The petition was dismissed as having been rendered infructuous based on submission that the matter was amicably settled.
  • No adjudication of questions of law or new legal principle was made; the order followed established practice where courts dismiss petitions as infructuous upon such information.
  • No legal reasoning or discussion on merits occurred.
Facts as Summarised by the Court The petitioner’s counsel submitted that the matter has been amicably settled, resulting in the petition being rendered infructuous.

Practical Impact

Category Impact
Binding On None; only indicates established practice followed
Persuasive For None; not a reasoned pronouncement, but reflects common court procedure

What’s New / What Lawyers Should Note

  • The order reaffirms that where parties reach an amicable settlement during the pendency of a petition, the court may dismiss the matter as infructuous.
  • No legal issues were decided, and no new legal principle was laid down.
  • Lawyers should treat the order as following existing procedure, not as an authority for any legal proposition.

Summary of Legal Reasoning

  • The petitioner’s counsel informed the court that the dispute had been settled amicably.
  • On this basis, the court dismissed the petition as having been rendered infructuous.
  • No judicial reasoning, statutory interpretation, or reliance on precedent was articulated.
  • The order reflects the standard practice applied by courts where disputes become non-justiciable due to settlement.

Arguments by the Parties

Petitioner

  • Submitted that the matter has been amicably settled, rendering the petition infructuous.

Respondent

No submission recorded in the judgment.

Factual Background

The petitioner initiated proceedings before the High Court of Punjab and Haryana, which were pending since 2007. During the proceedings, the petitioner’s counsel informed the court that the dispute with the respondents had been settled amicably. As a result, the matter no longer required adjudication and was therefore dismissed as infructuous by the court.

Alert Indicators

  • ✔ Precedent Followed – The order reflects existing practice regarding dismissal of matters as infructuous upon settlement and does not break new legal ground.

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