Quashed

Rajbir Singh and Anr. v. State of Punjab and Ors.

Punjab & Haryana HC13 Sept 2013CRM-M/14794/2013

Case brief

AI extract

What is this about?

The court quashed the FIR registered under Sections 354 and 506 IPC alleging harassment and threat. The petitioners were released after the parties amicably settled the matter through a compromise recorded by the Chief Judicial Magistrate. Relying on Supreme Court and High Court precedents, the Court held that no purpose would be served in prolonging the litigation.

What did the court decide?

FIR No. 43 dated 13.04.2013 and all consequential proceedings qua the petitioners are quashed and the petition is disposed of.

Rajbir Singh and Anr. Vs State of… — Public Procurement and Tenders | Punjab & Haryana HC (2013)

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Crl. Misc. No. M-14794 of 2013 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA

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AT CHANDIGARH

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Crl. Misc. No. M-14794 of 2013 (O&M) Date of decision : 13.09.2013

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Rajbir Singh and another

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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. Sachin Sharma, Advocate, for the petitioners

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Mr. A.P.S. Gill , AAG, Punjab

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RITU BAHRI , J. (Oral)

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Quashing of FIR No. 43 dated 13.04.2013 under Sections 354/506 IPC, registered at Police Station Goindwal Sahib, Distt. Tarn Taran is sought on the basis of affidavits in the form of compromise dated 26.04.2013 (Annexure P2 and P-3)

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F.I.R has been registered at the instance of respondent No. 2 on the allegations that on 12.04.2013, she called her father to take her back home as she was suffering from fever. She along with other girls was going back at the bus stop. After they reached near T-point of Nagoke road then she got the bus stopped by driver and went towards her father who was standing at T-point Nagoke road, then Rajbir Singh and Pargat Singh were standing nearby. Both them made fun of her and taunted her when she was coming out of the bus. When she tried to raise the alarm then Rajbir Singh and Pargat Singh threatened her by saying that if she raised alarm they would kill her. Thereafter, she and her father ran away from the spot. In the

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Arora Gaurav 2013.09.28 11:41 I attest to the accuracy and integrity of this document

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Crl. Misc. No. M-14794 of 2013 (O&M)

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above background, F.I.R was registered against petitioners.

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At the stage of investigation, the parties have amicably settled the matter, vide compromise dated 26.04.2013 (Annexure P2 and P-3)

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In compliance of order dated 11.07.2013, the parties got recorded their statements. Report of Chief Judicial Magistrate, Tarn Taran has been received in this regard. As per report, respondent No. 2 got recorded her statement and stated that she has voluntarily compromised the matter with accused without any pressure, threat, undue influence and coercion. She has no objection if the accused persons are discharged from the present case. Statement of her father-Baljit Singh is also recorded to the same effect. Statements of the accused-petitioners are also to the same effect. In view of separate statements of the parties, the court is satisfied that the compromise is valid and genuine.

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Consequently, in view of the status report and in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429 , 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 , no useful purpose would be served in prolonging the litigation.

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Accordingly, FIR No. 43 dated 13.04.2013 under Sections 354/506 IPC, registered at Police Station Goindwal Sahib, Distt. Tarn Taran is quashed with all consequential proceedings arising therefrom qua petitioners.

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The petition stands disposed of.

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13.09.2013

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G.Arora

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(RITU BAHRI) JUDGE

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Arora Gaurav 2013.09.28 11:41 I attest to the accuracy and integrity of this document

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Crl. Misc. No. M-14794 of 2013 (O&M)