Allowed

Gurjinder Singh & Ors. v. State of Punjab & Ors.

Punjab & Haryana HC21 Dec 2017CRM-M/13295/2017

Case brief

AI extract

What is this about?

A petition under Section 482 Cr.P.C. sought quashing of an FIR for offences under Sections 341, 323, 148, and 149 IPC due to a compromise between parties. The court found the compromise genuine and uncoerced, deeming continuance of prosecution futile. Citing Gian Singh, the petition was allowed and the FIR quashed.

What did the court decide?

FIR No.143 dated 14.7.2014 for offences under Sections 341, 323, 148 and 149 IPC and all subsequent proceedings quashed qua the petitioners.

Gurjinder Singh & Ors. Vs State of Punjab & Ors. — Quashing and FIR | Punjab & Haryana HC (2017)

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In the High Court of Punjab and Haryana at Chandigarh

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Criminal Misc. No.M-13295 of 2017

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.....

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Date of decision:21.12.2017

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Gurjinder Singh and others

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.....Petitioners

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State of Punjab and others

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.....Respondents

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Coram: Hon'ble Mr. Justice Inderjit Singh

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.....

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Present: Ms. Jigyasa Tanwar , Advocate for the petitioners.

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Ms. Simranjeet Kaur, Assistant Advocate General, Punjab for the respondent-State.

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Ms. Amrinder Kaur, Advocate for complainant-respondents No.2 to 4.

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Inderjit Singh, J.

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This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.143 dated 14.7.2014 (Annexure-P.1) registered for the offences under Sections 341, 323, 148 and 149 IPC at Police Station Dakha, District Ludhiana and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).

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The FIR has been registered on the statement of complainantJaswinder Singh on the allegations that the accused-petitioners attacked him and respondents No.3 and 4 and inflicted injuries. Now with the intervention of respectable persons, the matter has been amicably compromised between the parties and they have resolved their disputes and differences.

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Harpal Singh Parmar 2017.12.22 12:56 I attest to the accuracy and authenticity of this document Chandigarh

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Cr. Misc. No.M-13295 of 2017

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[2]

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Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Judicial Magistrate Ist Class, Ludhiana has sent report dated 17.11.2017 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.

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Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for the complainantrespondents No.2 to 4 admit the factum of compromise and submit that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon'ble Supreme Court.

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I have heard learned counsel for the parties as well as learned State counsel and have gone through the record.

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In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

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Therefore, keeping in view the fact that the matter has been amicably settled and in view of the law laid by the Hon'ble Supreme Court

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Harpal Singh Parmar 2017.12.22 12:56 I attest to the accuracy and authenticity of this document Chandigarh

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Cr. Misc. No.M-13295 of 2017

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[3]

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in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.143 dated 14.7.2014 (Annexure-P.1) registered for the offences under Sections 341, 323, 148 and 149 IPC at Police Station Dakha, District Ludhiana and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners.

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December 21, 2017. (Inderjit Singh) Judge hsp NOTE: Whether speaking/reasoned: Yes Whether reportable: No

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Harpal Singh Parmar 2017.12.22 12:56 I attest to the accuracy and authenticity of this document Chandigarh

Gurjinder Singh & Ors. v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Gurjinder Singh & Ors. v. State of Punjab & Ors.

Case brief

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What did the court decide?

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