Allowed

Dalip Singh & Ors. v. State of Punjab & Anr.

Punjab & Haryana HC29 Nov 2016CRM-M/15649/2016

Case brief

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What is this about?

The court quashed a criminal complaint and summoning order preliminary proceedings based on a genuine compromise between the petitioners and the state supported by a judicial report from the trial court.

What did the court decide?

The complaint bearing No. 2/03-1-09, the summoning order dated 12.8.2009, and all consequent proceedings against the petitioners are quashed.

Dalip Singh & Ors. Vs State of… — Contract and Commercial Disputes | Punjab & Haryana HC (2016)

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Crl. Misc. No. M-15649 of 2016

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In the High Court of Punjab and Haryana at Chandigarh

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Crl. Misc. No. M-15649 of 2016 Date of Decision: 29.11.2016

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Dalip Singh and others

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......Petitioners

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Versus

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State of Punjab and another .....Respondents

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CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

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Present: Mr. Munish Puri, Advocate for the petitioners.

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Mr. Deep Singh, AAG, Punjab.

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Mr. Dinesh Trehan, Advocate for respondent No. 2.

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ANITA CHAUDHRY, J(ORAL)

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The instant petition is for quashing of complaint bearing No. 2/03-1-09 having COMI 0000077/2015 under Sections 452, 382, 354, 324, 323, 506, 148, 149 pending in the Court of Judicial Magistrate Ist Class, Batala as well as the summoning order dated 12.8.2009 and all the consequent proceedings arising out of the same on the basis of written compromise arrived at between the parties.

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Report has been received from the trial Court after statements of the parties were recorded regarding the compromise. The trial Court has reported that the compromise is genuine. The trial Court has also sent the statements of the parties.

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Counsel for respondent No. 2 submits that the matter has been compromised between the parties.

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Gurpreet Singh Bhatia 2016.11.30 14:11 I attest to the accuracy and authenticity of this document High Court Chandigarh

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Crl. Misc. No. M-15649 of 2016

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No useful purpose would be served to keep the complaint

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pending.

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In view of the statements and report of the trial Court and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 , approved by Hon'ble Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303 , the instant petition is allowed and the aforesaid complaint as well as the summoning order and all consequent proceedings conducted on the basis thereof are quashed qua the petitioners.

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Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.

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(ANITA CHAUDHRY) JUDGE November 29, 2016 Gurpreet Whether speaking/reasoned : Yes Whether reportable : No

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Gurpreet Singh Bhatia 2016.11.30 14:11 I attest to the accuracy and authenticity of this document High Court Chandigarh

Dalip Singh & Ors. v. State of Punjab & Anr.

Case brief

What is this about?

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Dalip Singh & Ors. v. State of Punjab & Anr.

Case brief

What is this about?

What did the court decide?

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