Quashed

Jasbir Kaur and Ors. v. State of Punjab & Ors.

Punjab & Haryana HC27 Oct 2017CRM-M/28585/2015

Case brief

AI extract

What is this about?

The Punjab and Haryana High Court quashed FIR No. 42 and subsequent proceedings under various IPC sections against the petitioner. The court relied on a compromise agreement reached via Panchayat intervention where a coordinate bench had already verified the veracity of the settlement with the injured parties who had fully recovered.

What did the court decide?

FIR No. 42 dated 30.04.2011 and all subsequent proceedings arising therefrom are quashed qua the petitioners only.

Jasbir Kaur and 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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CRM NO. M-28585 OF 2015 DECIDED ON : 27.10.2017

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Jasbir Kaur and ors.

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...Petitioners

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versus

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State of Punjab and ors. ...Respondents

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CORAM : HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL

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Present : Mr. G.S.Sirpikhi, Advocate, for the petitioners.

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Mr. Bhupender Beniwal, AAG, Punjab.

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Mr. Vishal Sodhi, Advocate for respondent Nos.2 to 7.

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ANUPINDER SINGH GREWAL, J. (ORAL)

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The petitioners are seeking quashing of FIR No.42 dated 30.04.2011, under Sections 326, 324, 323, 452, 506, 148, 149 IPC, registered at Police Station Qadian, District Batala, on the basis of compromise dated 16.08.2015 (Annexure P-2), which has been arrived at between the parties.

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Learned counsel for the petitioners contends that the FIR is an outcome of misunderstanding between the parties and the matter has now been resolved. All the injured have fully recovered from their injuries. The matter has been compromised with the intervention of Panchayat.

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The Coordinate Bench of this Court by the order dated 18.03.2017 had directed the parties to appear before the Illaqa Magistrate/trial Court for recording their statements with regard to veracity of the compromise. The Judicial Magistrate, Ist Class, Batala has sent his report dated 11.04.2017, wherein it is stated that in pursuance to the order of

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Sonia Bura 2017.10.28 13:24 I attest to the accuracy and integrity of this document chandigarh

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CRM-M-28585-2015

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-2-

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this Court, statements of the parties were recorded. As per the statements, compromise has been effected without any pressure, fear or undue influence.

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The FIR is an outcome of misunderstanding between the parties, which has now been resolved. The injuries are on the non-vital parts of the complainant.

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In view of the law laid down in “ Narinder Singh Vs. State of Punjab” 2014 (6) SCC 466 , no useful purpose will be served by continuing the criminal proceedings. Therefore, the petition is allowed and FIR No.42 dated 30.04.2011, under Sections 326, 324, 323, 452, 506, 148, 149 IPC, registered at Police Station Qadian, District Batala and all the subsequent proceedings arising therefrom on the basis of compromise dated 16.08.2015 (Annexure P-2) are hereby quashed qua the petitioners only.

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	(ANUPI	NDER SINGH GREWAL) JUDGE
27.10.2017
sonia
	Whether speaking/reasoned	: Yes/No
	Whether reportable	: Yes/No

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Sonia Bura 2017.10.28 13:24 I attest to the accuracy and integrity of this document chandigarh

Jasbir Kaur and Ors. v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Jasbir Kaur and Ors. v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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