Allowed

Balwant Singh and Others v. State of Punjab and Others

Punjab & Haryana HC22 Oct 2013CRM-M/25479/2013

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana quashed FIR No. 56 registered under Sections 326/323/34 IPC exercising inherent powers under Section 482 Cr.P.C. The court relied on a prior decision to allow quashing to prevent the petitioners from trial since the parties had amicably settled the matter.

What did the court decide?

FIR No. 56 dated 30.05.2013 registered under Sections 326/323/34 IPC and all proceedings thereunder are quashed and set aside.

Balwant Singh and Others Vs State of Punjab and… — Quashing and FIR | Punjab & Haryana HC (2013)

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Rajan Kumar 2013.10.24 16:11 I am the author of this[1] document Chandigarh

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Crl. Misc. No.M-25479 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No.M-25479 of 2013 Date of Decision: 22.10.2013

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Balwant Singh and others

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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 MR. JUSTICE T.P.S. MANN

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Present:Mr. Vivek Goel, Advocate, for the petitioners.

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Mr. S.S. Chaudhary, Deputy A.G., Punjab, for respondent No.1-State.

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Respondents No.2 and 3 in person with Mr. Gaurav Khera, Advocate.

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T.P.S. MANN, J. (Oral)

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The present petition has been filed by the petitioners under Section 482 Cr.P.C. with a prayer that FIR No.56 dated 30.05.2013 registered against them at Police Station Moga Sadar, District Moga, under Sections 326/323/34 IPC at the instance of respondent No.2 be quashed as the misunderstanding between the parties stood removed and they had amicably settled the matter.

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Upon notice, respondents No.2 and 3 have put in appearance in person and they are also represented by their counsel. Statement of respondent No.2 has been separately

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[2]

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Crl. Misc. No.M-25479 of 2013

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recorded, which reads as under:

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“Stated that on 26.05.2013 at about 8:30 pm, I and my nephew Jagjit Singh had received injuries at the hands of the petitioners. Lateron, the police had recorded my statement, on the basis of which, FIR No.56 dated 30.05.2013 was registered at Police Station Moga Sadar, District Moga under Sections 326/323/34 IPC. Now at the intervention of the Panchayat and common relatives, the matter between the parties has been amicably resolved. No grudge is left in my mind against the petitioners. I do not want to take any action against them. I have no objection if the FIR registered at my instance against the petitioners is quashed.”

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Similarly, respondent No.3 has also got recorded his statement separately, which is also reproduced here-in-below:

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“ I have heard the statement made by my aunt Iqbal Kaur @ Akval Kaur. I confirm the factum of compromise arrived at between the parties. I have no objection if the FIR No.56 dated 30.05.2013 registered at the instance of my aunt Iqbal Kaur @ Akval Kaur against the petitioners is quashed. ”

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Learned State counsel, after obtaining instructions from ASI Sewak Singh, Police Station Sadar Moga, has informed the Court that the case is still at the stage of investigation.

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From the statements made by respondents No.2 and 3, it is made out that the matter between the parties has been amicably resolved. However, some of the offences alleged against the petitioners are non-compoundable but keeping in

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[3]

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Crl. Misc. No.M-25479 of 2013

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view the dictum of law as laid down in the case of Kulwinder Singh and others v. State of Punjab and another , 2007(3) RCR (Criminal) 1052, inherent powers under Section 482 Cr.P.C. can be exercised by this Court so as to quash the FIR as no useful purpose will be served if the petitioners are put to trial in respect of the aforementioned FIR.

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Resultantly, the petition is accepted, FIR No.56 dated 30.05.2013 registered at Police Station Moga Sadar, District Moga, under Sections 326/323/34 IPC is quashed and all the proceedings taken thereunder are set aside.

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( T.P.S. MANN ) JUDGE

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22^nd October, 2013 Rajan

Balwant Singh and Others v. State of Punjab and Others

Case brief

What is this about?

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Balwant Singh and Others v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

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