Allowed

Nimrajit Singh Randhawa and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC8 Feb 2017CRM-M/20340/2016

Case brief

AI extract

What is this about?

In a Section 482 Cr.P.C. petition seeking quashing of FIR under IPC Sections 326, 323, 148, 149 arising from an incident causing one death, this Court quashed the proceedings based on a genuine compromise between the parties.

What did the court decide?

Petition allowed; Impugned FIR No. 207 dated 09.11.2014 and all consequential proceedings qua petitioners quashed.

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

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CRM-M-20340 of 2016

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CRM-M-20340 of 2016 Date of decision: 08.02.2017

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Nimratjit Singh Randhawa 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 MR. JUSTICE SURINDER GUPTA

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Present: Mr. L.M. Gulati, Advocate for the petitioners.

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Mr. Jashanpreet Singh, AAG, Punjab.

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SURINDER GUPTA, J.(Oral)

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Petitioners have filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No. 207 dated 09.11.2014 (Annexure P-1), registered for offences punishable under Sections 326, 323, 148 read with Section 149 of Indian Penal Code (for short 'IPC') at Police Station Civil Lines, Batala, District Gurdaspur along with all consequential proceedings arising therefrom, on the basis of the compromise.

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Heard.

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Learned State counsel submits that occurrence took place on 18.10.2014 when Baljit Singh, who was going in his vehicle towards Batala, was stopped on the way and caused injuries by petitioners and one Bhim, who has since died. FIR was registered on the statement of complainant. He further submits that the police has prepared cancellation report in view of the compromise but the same has not been filed in Court.

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The parties were directed to appear before the trial court to Jitender Kumar 2017.02.09 09:12I attest to the accuracy and produce the compromise and get their statements recorded. The trial court integrity of this document CHANDIGARH

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CRM-M-20340 of 2016

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has sent its report dated 23.12.2016 stating therein that the compromise has been effected between the complainant and the accused which appears to be genuine and voluntary in nature and without any coercion or undue influence.

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Keeping all the above facts in view, I am of the considered opinion that in view of compromise between petitioners and respondents no. 2 and 3, impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties to this petition an opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties but also for their families and ultimately the society at large.

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In view of the above discussion, the instant petition is allowed and the impugned FIR No. 207 dated 09.11.2014 (Annexure P-1) along with all consequential proceedings arising therefrom, qua petitioners, is quashed.

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February 08, 2017	(SURINDER GUPTA)
jk	JUDGE
Whether speaking/reasoned	Yes/No
Whether Reportable	Yes/No

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Jitender Kumar 2017.02.09 09:12 I attest to the accuracy and integrity of this document CHANDIGARH

Nimrajit Singh Randhawa and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Nimrajit Singh Randhawa and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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