The High Court of Punjab and Haryana quashed an FIR under Section 336 IPC and Sections 25, 27, and 54 Arms Act, and all subsequent proceedings, relying on a compromise and the nature of the dispute as personal, citing Kulwinder Singh vs State of Punjab.
FIR No.100 and all subsequent proceedings arising therefrom were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM NO. M-19871 OF 2012(O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM NO. M-19871 OF 2012(O&M) DECIDED ON : 21.09.2012
Kaul Singh
...Petitioner
versus
State of Punjab and another
...Respondents
CORAM : HON'BLE MR. JUSTICE K. C. PURI
Present : Mr. Jaspreet Singh, Advocate for Mr. B. S. Bhalla, Advocate, for the petitioner.
Mr. J. S. Brar, AAG, Punjab.
K. C. PURI, J. (ORAL)
This is a petition under Section 482 of the Code of Criminal Procedure for quashing FIR No.100 dated 24.11.2009 under Section 336 of the Indian Penal Code and 25/27/54 of the Arms Act, registered at Police Station Badhni Kalan, District Moga, on the basis of compromise, along with all subsequent proceedings arising from that FIR.
Learned State counsel, on instructions from HC Nachattar Singh, has stated at the bar that gun in question was a licensed gun.
The matter involved is personal in nature which has been amicably settled with the intervention of respectables.
CRM NO. M-19871 OF 2012(O&M)
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So, in view of the above circumstances and in view of authority reported as, “ Kulwinder Singh and others vs. State
of Punjab and others” 2007 (3) RCR (Criminal) 1052, the above said FIR stands quashed. Further proceedings in pursuant to that FIR also stands quashed.
Disposed of.
SEPTEMBER 21, 2012 shalini
(K. C. PURI) JUDGE
2 issues framed by the court
Whether the FIR and subsequent proceedings should be quashed based on a compromise and licensed firearm status.
Whether the matter is personal in nature and amicably settled.
Colour shows how this judgement treated each authority
Kulwinder Singh and others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052Relied on¶19
3 provisions across 3 enactments
Kaul Singh
State of Punjab
K. C. PURI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
