Allowed

Gola Singh @ Gurpreet Singh and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC16 Oct 2012CRM-M/2113/2012

Case brief

AI extract

What is this about?

A single judge of the Punjab and Haryana High Court quashed an FIR and consequential proceedings under premium IPC sections. The offences were compoundable and were of a personal nature. A compromise had been effected between the accused and private complainants, and statements were recorded by the Magistrate. The State also verified the compromise and had no objection to quashing.

What did the court decide?

FIR No. 159 dated 2.8.2006 and all consequential proceedings arising therefrom are quashed.

Gola Singh @ Gurpreet Singh and Ors. Vs State of… — Quashing and FIR | Punjab & Haryana HC (2012)

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CRM-M No. 2113 of 2012 (O&M) 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M No. 2113 of 2012 (O&M)

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Date of Decision: October 16, 2012

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Gola Singh @ Gurpreet Singh and others

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…Petitioners

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Versus

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State of Punjab and another

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…Respondents

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CORAM: HON’BLE MR. JUSTICE NARESH KUMAR SANGHI

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Present: Mr. J.J.S. Uppal, Advocate, for the petitioners.

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Mr. Jaspreet Singh, AAG, Punjab, for respondent No. 1.

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NARESH KUMAR SANGHI, J.

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Prayer in this petition is for quashing of FIR No. 159, dated 2.8.2006, under Sections 427, 451 and 506 read with Section 34, IPC, registered at Police Station, Sadar, Malerkotla, District Sangrur, and the consequential proceedings arising therefrom, on the basis of compromise.

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Vide order dated 23.1.2012, this Court had directed the petitioners and respondent No. 2, Amarjit Kaur, to appear on 15.3.2012 before the learned Trial Court for getting their respective statements recorded with regard to the compromise. The said Court was also directed to send its report in that regard on or before the date fixed by this Court.

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In compliance of the above, the petitioners, namely, Gola Singh @ Gurpreet Singh, Ranjit Singh, Nahar, Gobind Singh and Kulvir Singh, as well as respondent No. 2, Amarjit Kaur, did

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CRM-M No. 2113 of 2012 (O&M) 2

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appear before the learned Judicial Magistrate Ist Class, Malerkotla, and got recorded their respective statements with regard to the compromise. Respondent No. 2, Amarjit Kaur, stated that she had effected the compromise with the petitioners with the help of respectable of the village without any pressure or greed and that she had no objection if the present petition filed by the petitioners was allowed. The petitioners also suffered statements and admitted the factum of the compromise.

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Learned counsel for the State on instructions from ASI Avtar Singh of Police Station, Sandaur Sahib, District Sangrur, admits the factum of the compromise and has no objection if the impugned FIR and the consequential proceedings arising therefrom are quashed.

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Heard.

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The petitioners have been booked for the offences punishable under Sections 427, 451 and 506 read with Section 34, IPC. All the offences are compoundable. The private parties have amicably sorted out their disputes and effected the compromise. Their statements in that regard have already been recorded by the learned Judicial Magistrate Ist Class, Malerkotla. The report to that effect has also been received. Learned counsel for the State has also verified the factum of the compromise from ASI Avtar Singh of Police Station, Sandaur Sahib, District Sangrur. The offences for which the petitioners have been charged are of personal nature.

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Taking into consideration the fact that the compromise has been effected, pendency of the FIR and the consequential

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CRM-M No. 2113 of 2012 (O&M) 3

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proceedings arising therefrom would be sheer abuse of the process of law since the ultimate chances of the conviction and sentence of the petitioners are bleak.

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Keeping in view the totality of the circumstances of the case, the factum of the compromise and the ratio of the judgment of a 5-Judge Bench of this Court in the case of Kulwinder Singh and others v. State of Punjab and another, 2007 (3) RCR (Criminal) 1052 (P&H) , this petition is accepted and FIR No. 159, dated 2.8.2006, under Sections 427, 451 and 506 read with Section 34, IPC, registered at Police Station, Sadar, Malerkotla, District Sangrur, and the consequential proceedings arising therefrom, are hereby quashed.

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(NARESH KUMAR SANGHI) JUDGE

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October 16, 2012 PKapoor

Gola Singh @ Gurpreet Singh and Ors. v. State of Punjab and Anr.

Case brief

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What did the court decide?

Gola Singh @ Gurpreet Singh and Ors. v. State of Punjab and Anr.

Case brief

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