Allowed

Simarjit Singh v. State of Punjab and Anr.

Punjab & Haryana HC26 Sept 2018CRM-M/24292/2018

Case brief

AI extract

What is this about?

This case involved a petition to quash an FIR and consequent proceedings based on a compromise between parties. The trial court reported the compromise as genuine. The High Court, relying on established precedents and the trial court's report, allowed the petition and quashed the proceedings.

What did the court decide?

The FIR No. 146 dated 8.10.2012 and all consequent proceedings arising out of the same were quashed qua the petitioner.

Simarjit Singh Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2018)

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Crl. Misc. No. M-24292 of 2018

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In the High Court of Punjab and Haryana at Chandigarh

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Crl. Misc. No. M-24292 of 2018 Date of Decision: 26.9.2018

Simarjit Singh

......Petitioner

Versus

State of Punjab and another .....Respondents

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CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

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Present: Mr. Surinder Thakur, Advocate for the petitioner.

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Mr. Jagmohan Ghumman, DAG, Punjab.

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Mr. Nitin Verma, Advocate for Mr. Bhupeshwar Jaswal, Advocate for respondent No. 2.

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ANITA CHAUDHRY, J (ORAL)

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The instant petition is for quashing of FIR No. 146 dated 8.10.2012 registered under Sections 323, 354, 452, 379, 427, 506, 148, 149 IPC, Police Station Bullowal, District Hoshiarpur (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of compromise (Annexure P-2) 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, voluntary and without any pressure. The trial Court has also sent the statements of the parties in original.

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Learned counsel for the State on instructions submits that GURPREET SINGH 2018.09.28 15:32 petitioner is the only accused and respondent No. 2 is the only aggrieved I attest to the accuracy and authenticity of this document chandigarh

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Crl. Misc. No. M-24292 of 2018

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person in this FIR.

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No useful purpose would be served to keep the FIR 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 FIR and all consequent proceedings conducted on the basis thereof are quashed qua the petitioner.

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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

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September 26, 2018 Gurpreet Whether speaking/reasoned : Yes Whether reportable : No

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GURPREET SINGH 2018.09.28 15:32 I attest to the accuracy and authenticity of this document chandigarh

Simarjit Singh v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Simarjit Singh 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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