Quashed

Darshan Singh and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC10 Feb 2011CRM-M/429/2011

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What is this about?

The High Court quashed FIR No. 208 registered under various IPC sections based on a voluntary compromise. Following the CJM's report verifying the compromise's genuineness, the Court applied the legal principles laid down in Kulwinder Singh. All consequential proceedings were quashed.

What did the court decide?

FIR No. 208 dated 30.10.2010 and all consequential proceedings are quashed.

Darshan Singh and Ors. Vs State of Punjab and Ors. — Quashing and FIR | Punjab & Haryana HC (2011)

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Criminal Misc. No. M- 429 of 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No. M- 429 of 2011 Date of decision:- 10.2.2011

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Darshan Singh and others

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...Petitioners

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Versus

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State of Punjab and others

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...Respondents

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CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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Present:Mr. R.K. Girdhar, Advocate for the petitioners.

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Mr. Munish Kumar, AAG Punjab for respondent No.1-State.

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Mr. Bhupesh Jaswal, Advocate for respondent Nos.2 and 3.

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RITU BAHRI J.(Oral)

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As per office report, respondent Nos.2 and 3 not served.

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The present petition has been filed under Section 482 Cr.P.C. for quashing the FIR No.208 dated 30.10.2010 under Sections 324,323,148 and 149 IPC (Section 326 IPC was added subsequently), registered at Police Station City, Muktsar (Annexure P-1) on the basis of compromise (Annexure P-2).

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Criminal Misc. No. M- 429 of 2011

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-2-

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In compliance of order dated 06.1.2011, the Chief Judicial Magistrate, Sri Muktsar Sahib has sent a report verifying the contents of the compromise. As per this report, statements of complainant Gurtej and Angrej Singh as well as accused Shamsher Singh, Lakhwinder Singh, Nanak Singh and Darshan Singh have been recorded. As per statements, the compromise entered into between the parties is voluntarily and without any pressure. After recording the statements of the parties, the compromise is held to be genuine. Compromise (Annexure P-2) is annexed with the petition.

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In view of the above report, the FIR No.208 dated 30.10.2010 under Sections 324,323,148 and 149 IPC (Section 326 IPC was added subsequently), registered at Police Station City, Muktsar, is quashed with all consequential proceedings arising therefrom in view of law laid down in Kulwinder Singh and others versus State of Punjab and another 2007 (3) RCR (Criminal) 1052.

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The petition stands disposed of.

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February 10, 2011 ( RITU BAHRI ) Vijay Asija JUDGE

Darshan Singh and Ors. v. State of Punjab and Ors.

Case brief

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Darshan Singh and Ors. v. State of Punjab and Ors.

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