Quashed

Ajaib Singh and Anr. v. State of Punjab and Anr.

Punjab & Haryana HC10 Sept 2013CRM-M/18985/2013

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR for abducting and enticement of a minor. The court noted an amicable settlement via compromise deed and recorded statements by all parties. Relying on established precedent, the single judge quashed the FIR as no useful purpose would be served in prolonging litigation.

What did the court decide?

FIR No. 225 dated 31.08.2012 and all consequential proceedings are quashed.

Ajaib Singh and Anr. Vs State of… — Civil Procedure and Limitation | Punjab & Haryana HC (2013)

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Crl. Misc. No. M-18985 of 2013 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Crl. Misc. No. M-18985 of 2013 (O&M) Date of decision : 10.09.2013

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Ajaib Singh and another

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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 MS. JUSTICE RITU BAHRI

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Present: Mr. S.S. Sarwara, Advocate for the petitioners

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

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Mr. B.J. Passi, Advocate for respondent No. 2.

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RITU BAHRI , J. (Oral)

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Quashing of FIR No. 225 dated 31.08.2012 under Sections 363/366A/506 IPC, registered at Police Station City Rajpura, District Patiala is sought on the basis of affidavits of compromise dated 28.01.2013 (Annexure P2)

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F.I.R has been registered at the instance of respondent No. 2 on the allegations that on 25.06.2012, the daughter of the complainant went to market to buy some house hold things and did not return back home. On search, she came to know that Sukhwinder Singh @ Sukhi son of Ajaib Singh has enticed the daughter of the complainant and taken away with her. In the above background, F.I.R was registered against petitioners.

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After presentation of the challan, the parties have amicably settled the

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Arora Gaurav 2013.09.28 11:32 I attest to the accuracy and integrity of this document

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Crl. Misc. No. M-18985 of 2013 (O&M)

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matter, vide compromise deed dated 28.01.2013.

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In compliance of order dated 31.05.2013, the parties got recorded their statements. Report of Sub Divn. Judicial Magistrate, Rajpura has been received in this regard. As per report, complainant-Paramjit Kaur got recorded her statement and stated that she has voluntarily compromised the matter with accused Ajaib Singh and Sukhwinder Singh without any pressure, threat, undue influence and coercion. She has no objection if the accused persons are discharged from the present case. Statements of the accused-petitioners Ajaib Singh and Sukhwinder Singh @ Sukhi 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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Learned State counsel has also filed reply in the Court today and the same is taken on record.

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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. 225 dated 31.08.2012 under Sections 363/366-

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A/506 IPC, registered at Police Station City Rajpura, District Patiala is quashed with all consequential proceedings arising therefrom qua petitioners.

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The petition stands disposed of.

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10.09.2013

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G.Arora

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(RITU BAHRI) JUDGE

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Arora Gaurav 2013.09.28 11:32 I attest to the accuracy and integrity of this document

Ajaib Singh and Anr. v. State of Punjab and Anr.

Case brief

What is this about?

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Ajaib Singh and Anr. v. State of Punjab and Anr.

Case brief

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