Allowed

Charan Kaur and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC23 Aug 2013CRM-M/13244/2013

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR alleging affray and grievous hurt arising from a grudge. The court found the compromise genuine, noting injuries were on non-vital parts, and quashed the FIR relying on Supreme Court and Full Bench precedents.

What did the court decide?

FIR No. 100 dated 24.11.2011 under Sections 324, 323, 148, 149, 326 IPC and all consequential proceedings qua petitioners are quashed.

Charan Kaur and Ors. Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2013)

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Crl. Misc. No. M-13244 of 2013 (O&M)

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[ 1 ]

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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Crl. Misc. No. M-13244 of 2013 (O&M) Date of Decision: August 23,2013

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Charan Kaur 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. Ritesh Pandey, Advocate for the petitioners.

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Mr. Amrit Pal Singh Gill, AAG, Punjab.

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Mr. Avtar Singh Bhatti, Advocate for respondent No.2.

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RITU BAHRI, J. (Oral)

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Quashing of FIR No. 100 dated 24.11.2011 under Sections 324, 323, 148, 149, 326 IPC registered at Police Station Dera Baba Nanak, Distt. Batala (Annexure P1) on the basis of compromise Annexure P-2.

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FIR has been registered on the statement made by Rajbir Singh with the allegation that on 23.11.2011 the Kaur Rupinderpetitioners i.e. Charan Kaur, Dalip Singh, Amandeep Singh, 2013.08.27 14:22 I attest to the accuracy and integrity of this document Chandigarh

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Crl. Misc. No. M-13244 of 2013 (O&M) [ 2 ]

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Manjeet Singh and Sukhwinder kaur alias Gogi had come to their house armed with Gandasi and Datar. They were nursing a grudge against the complainant that he had reverted to Akalis. Injuries were inflicted on the eyebrow of left eye, right hand fingers, right hand palm, left thumb, left ankle, left side of head and right arm of the complainant. After registration of the FIR, on 21.7.2012 untraced report was given which was not accepted by the Magistrate and thereafter the learned Court did not agree with the cancellation report and returned back for further investigation on 14.12.2012. Thereafter, evidence under Section 326 IPC was added vide DDR No. 15 dated 20.2.2013.

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Now, the parties have entered into a compromise vide Annexure P2.

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On notice, respondent No.2-Rajbir Singh has put in appearance and has been identified by his counsel and ASI Balwinder Singh. He has tendered his affidavit to the effect that the matter has been compromised and he has no objection if the FIR in the present case is quashed.

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Counsel for the State after going through the MLR has stated that injuries No. 4, 5 and 6 have been declared grievous and they are on the index finger, left wrist and middle finger. Since these injuries are on the non vital part of the body the compromise is being accepted.

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Kaur Rupinder 2013.08.27 14:22 I attest to the accuracy and integrity of this document Chandigarh

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Crl. Misc. No. M-13244 of 2013 (O&M) [ 3 ]

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After going through the compromise deed (Annexure P2) and the affidavit, the Court is satisfied that the compromise arrived at between the parties is genuine and without any pressure or coercion.

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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 this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052, FIR No. 100 dated 24.11.2011 under Sections 324, 323, 148, 149, 326 IPC registered at Police Station Dera Baba Nanak, Distt. Batala (Annexure P1) is quashed with all consequential proceedings arising therefrom qua petitioners.

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Petition is disposed of.

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23.8.2013 Rupi

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( RITU BAHRI ) JUDGE

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Kaur Rupinder 2013.08.27 14:22 I attest to the accuracy and integrity of this document Chandigarh

Charan Kaur and Ors. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Charan Kaur and Ors. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

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