Allowed

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

Punjab & Haryana HC28 Jul 2016CRM-M/13185/2016

Case brief

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What is this about?

The High Court of Punjab & Haryana quashed criminal proceedings, including a complaint and recovery taxable warrants, arising from a land dispute. The court granted the petition after finding the compromise was voluntary and the offences were not of a serious nature, relying on the Gian Singh and Dalbir Singh Tiwana precedents.

What did the court decide?

The prayer made in the petition is allowed, quashing proceedings by way of Complaint No. 41 dated 30.5.2011 & RT No. 309 dated 1.7.2013, Police Station Bareta, District Mansa under sections 420, 467,

Balwan Singh and Ors. Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2016)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Criminal Misc. No. M-13185 of 2016 Date of decision : July 28, 2016

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Balwan Singh and others

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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 Mr. Justice Fateh Deep Singh

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Present : Mr. Abhishek Arora, Advocate, for the petitioners Mr. Jasjeet Dhaliwal, DAG, Punjab, for respondent no. 1 Mr. Manpreet S. Sidhu, Advocate, for respondent No.2

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Fateh Deep Singh, J. (Oral)

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Report dated 6.5.2016 of learned Judicial Magistrate Ist Class, Budhlada has been received after recording statements of accused Balwan Singh, Anju Rani, Pal Singh, Malkeet Singh and Bant Ram as well as complainant Jaswinder Singh and the learned court has shown its satisfaction that the compromise is an outcome of voluntariness, free will and without any coercion or undue pressure. In the light of the satisfaction shown by the Court and in view of the fact that compromise will go a long way in resolving the personal dispute and to bring about personal harmony being pure land dispute and more-so the offences for which the accused have been booked are not of very serious nature and in view of the law laid down in Gian Singh vs State of Punjab and another, 2012 (4) RCR

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DALBIR SINGH TIWANA 2016.08.01 11:27 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

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Criminal Misc. No. M-13185 of 2016 -2-

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(Criminal) 543 and Kulwinder Singh and others vs State of Punjab and another, 2007(3) RCR (Criminal) 1052 and in view of which the prayer made in the petition is allowed, proceedings by way of Complaint No. 41 dated 30.5.2011 & RT No. 309 dated 1.7.2013, Police Station Bareta, District Mansa under sections 420,467,468,471.120-B IPC, titled Jaswindere Singh vs Balwan Singh and others (Annexure P/1) and all consequences arising thereof are quashed, qua the present petitioners.

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The petition stands allowed in those terms.

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( Fateh Deep Singh ) July 28, 2016 Judge 'tiwana' Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No

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DALBIR SINGH TIWANA 2016.08.01 11:27 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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