Allowed

Avtar Kaur and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC25 Apr 2018CRM-M/43814/2017

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a criminal miscellaneous petition to quash FIR No. 19 and related DDR registered under Sections 323, 324, 34, and 326 IPC. The court relied on a genuine compromise dated 12.5.2017 and principles from Kulwinder Singh and Gian Singh, ordering the quashing of proceedings against the petitioners as the only accused.

What did the court decide?

The instant petition is allowed; the FIR, DDR, and all consequent proceedings conducted on the basis thereof are quashed.

Avtar Kaur and Ors. Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2018)

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Crl. Misc. No. M-43814 of 2017 (O&M)

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In the High Court of Punjab and Haryana at Chandigarh

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Crl. Misc. No. M-43814 of 2017 (O&M) Date of Decision: 25.4.2018

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Avtar Kaur and others

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......Petitioners

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Versus

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State of Punjab and another

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.....Respondents

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CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

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Present: Mr. Deepak Verma, Advocate for the petitioners.

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Mr. K.S.Aulakh, DAG, Punjab.

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Mr. T.P.S.Bhatti, 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. 19 dated 18.2.2017 registered under Sections 323, 324, 34 IPC, Police Station Rahon, District SBS Nagar, Punjab (Annexure P-1) along with DDR No. 28 dated 21.3.2017 (Annexure P-2) whereby Section 326 IPC was added later on and all the consequent proceedings arising out of the same, on the basis of compromise dated 12.5.2017 (Annexure P-3) 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 out of free will of the parties. The trial Court has also sent the statements of the parties and copy of the compromise.

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Learned counsel for the State on instructions submits that

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Gurpreet Singh Bhatia 2018.04.27 10:02 I attest to the accuracy and authenticity of this document chandigarh

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Crl. Misc. No. M-43814 of 2017 (O&M) -2-

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petitioners are the only 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 along with DDR 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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April 25, 2018 Gurpreet Whether speaking/reasoned : Yes Whether reportable : No

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Gurpreet Singh Bhatia 2018.04.27 10:02 I attest to the accuracy and authenticity of this document chandigarh

Avtar Kaur and Ors. v. State of Punjab and Anr.

Case brief

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Avtar Kaur and Ors. v. State of Punjab and Anr.

Case brief

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