Allowed

Ninder Kaur @ Narinder Kaur and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC29 Oct 2018CRM-M/29047/2018

Case brief

AI extract

What is this about?

This petition sought quashing of an FIR and consequent proceedings based on a compromise. The High Court, relying on trial court reports and precedents, allowed the petition, quashing proceedings specifically for the petitioners while noting they remain bound by the compromise.

What did the court decide?

FIR No. 4 dated 12.9.2013 and all consequent proceedings conducted on the basis thereof are quashed qua the petitioners.

Ninder Kaur @ Narinder Kaur and Ors. Vs State of… — Quashing and FIR | Punjab & Haryana HC (2018)

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Crl. Misc. No. M-29047 of 2018

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In the High Court of Punjab and Haryana at Chandigarh

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Crl. Misc. No. M-29047 of 2018 Date of Decision: 29.10.2018

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Ninder Kaur @ Narinder Kaur 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. S.S.Gill, Advocate for the petitioners.

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Ms. Jaspreet Kaur, AAG, Punjab.

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Mr. B.S.Randhawa, 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. 4 dated 12.9.2013 registered under Sections 406, 498-A IPC, Police Station NRI Amritsar, District Amritsar (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of compromise arrived at between the parties.

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Counsel for the petitioners submits that the petitioners were not declared proclaimed offender and the accused who were declared proclaimed offender were Randhir Singh and Shamsher Singh who are still abroad and the petition has not been filed on their behalf.

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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 and voluntary. The trial Court has

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GURPREET SINGH 2018.10.30 15:40 I attest to the accuracy and authenticity of this document chandigarh

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Crl. Misc. No. M-29047 of 2018 -2-

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also sent the statements of the parties in original.

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Learned counsel for the State on instructions submits that petitioners and two other persons are the accused and respondent No. 2 is the only aggrieved 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 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

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October 29, 2018 Gurpreet Whether speaking/reasoned : Yes Whether reportable : No

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GURPREET SINGH 2018.10.30 15:40 I attest to the accuracy and authenticity of this document chandigarh

Ninder Kaur @ Narinder Kaur and Ors. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Ninder Kaur @ Narinder Kaur and Ors. 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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