Quashed

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

Punjab & Haryana HC14 Aug 2013CRM-M/11036/2013

Case brief

AI extract

What is this about?

This single-judge full bench disposed of a special criminal leave petition seeking quashing of an FIR registered under Sections 325, 323, and 34 IPC. The High Court quashed the FIR relying on a verified compromise between the parties and accepted Supreme Court and High Court precedents on the subject.

What did the court decide?

FIR No. 15 dated 25.2.2013 under Sections 325, 323, 34 IPC and all consequential proceedings qua petitioners are quashed.

Jaspal Singh and Ors. Vs State of Punjab and Ors. — Quashing and FIR | Punjab & Haryana HC (2013)

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Crl. Misc. No. M-11036 of 2013

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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Crl. Misc. No. M-11036 of 2013 Date of Decision: August 14,2013

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Jaspal Singh and others .................... Petitioners

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Versus

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State of Punjab and another ............. Respondents

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Coram: Hon'ble Ms. Justice Ritu Bahri

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1.To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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Present: Mr. Karamjit Singh Maangat, Advocate for the petitioners.

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Mr. Amrit Pal Singh Gill, AAG, Punjab.

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RITU BAHRI, J. (Oral)

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Quashing of FIR No. 15 dated 25.2.2013 under Sections 325, 323, 34 IPC registered at Police Station Ghanie Ke Bangar, Tehsil Batala, District Gurdaspur (Annexure P1) on the basis of compromise dated 19.3.2013 (Annexure P2).

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The FIR was registered on the statement made by Satnam Singh alleging that on 29.1.2013 when he and his wife had gone to Fatehgarh Churian, on their way back to the village Jaspal Singh, Ranjit Singh having wooden sticks Kaur Rupinderand three other unidentified persons raised a lalkara for not 2013.08.16 11:07 I attest to the accuracy and integrity of this document Chandigarh

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Crl. Misc. No. M-11036 of 2013 [ 2 ]

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allowing them to take possession of the Panchayat land. They inflicted injuries on the complainant and his wife. In this background the FIR was got registered.

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During the pendency of investigation, a compromise was effected between the parties on 19.3.2013 (Annexure P2).

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In compliance of the order dated 5.4.2013, status report dated 6.5.2013 has been filed by the Chief Judicial Magistrate, Gurdaspur. As per this report, statement of all the accused as well as the complainant have been recorded to the effect that the matter has been compromised. The complainant has stated that he has no objection if the FIR in the present case is quashed. The statement of the Sarpanch has been recorded to the effect that he identified all the accused and the complainant and they are residents of his village.

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In view of the statements of the parties, the Court is satisfied that the compromise arrived at between the parties is genuine and without any pressure or coercion and no useful purpose would be served by continuing the criminal proceedings.

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Consequently, in view of the above circumstances and in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008 (4) S.C.C. 582 and the law laid down by the Full Bench of

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Kaur Rupinder 2013.08.16 11:07 I attest to the accuracy and integrity of this document Chandigarh

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Crl. Misc. No. M-11036 of 2013

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this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052,FIR No. 15 dated 25.2.2013 under Sections 325, 323, 34 IPC registered at Police Station Ghanie Ke Bangar, Tehsil Batala, District Gurdaspur (Annexure P1) is quashed with all consequential proceedings arising therefrom qua petitioners.

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Petition is disposed of.

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14.8.2013 Rupi

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( RITU BAHRI ) JUDGE

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Kaur Rupinder 2013.08.16 11:07 I attest to the accuracy and integrity of this document Chandigarh

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

Case brief

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

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