Allowed

Harbans Singh and Anr. v. State of Punjab and Anr.

Punjab & Haryana HC23 Apr 2019CRM-M/11087/2019

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a petition under Section 482 Cr.P.C. to quash an FIR for cheating and criminal conspiracy. Citing the settlement and prior verdicts, the Court held that continuance of proceedings was futile as the dispute was amicably settled.

What did the court decide?

FIR No.219 dated 14.11.2018 and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners.

Harbans Singh and Anr. Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2019)

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In the High Court of Punjab and Haryana at Chandigarh

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Date of decision:23.04.2019

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Criminal Misc. No.M-11087 of 2019

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.....

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Harbans Singh and another

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.....Petitioners

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State of Punjab and another

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.....Respondents

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Coram: Hon'ble Mr. Justice Inderjit Singh

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.....

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Present: Mr. Ashok Bhardwaj, Advocate for the petitioners.

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Mr. Dhruv Dayal, Senior Deputy Advocate General, Punjab for the respondent-State.

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None for the complainant-respondent No.2.

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Inderjit Singh, J.

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This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.219 dated 14.11.2018 (Annexure-P.1) registered for the offences under Sections 420 and 120-B IPC at Police Station City Sunam, District Sangrur and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).

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The FIR has been registered on the statement of complainantAngrej Singh alias Geja Singh on the allegations that the accusedpetitioners by hatching conspiracy have cheated him. Now with the intervention of respectable persons, the matter has been amicably settled

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HARPAL SINGH PARMAR 2019.04.24 14:43 I attest to the accuracy and authenticity of this document Chandigarh

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Cr. Misc. No.M-11087 of 2019

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[2]

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and compromise has been entered into between the parties, therefore, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Sub Divisional Judicial Magistrate, Sunam, has sent report dated 22.4.2019 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.

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Learned Senior Deputy Advocate General, Punjab on instructions from the Investigating Officer admits the factum of compromise and submits that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon'ble Supreme Court.

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I have heard learned counsel for the parties as well as learned State counsel and have gone through the record.

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In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

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Therefore, keeping in view the fact that the matter has been amicably settled and in view of the law laid by the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.219 dated 14.11.2018 (Annexure-P.1) HARPAL SINGH PARMAR registered for the offences under Sections 420 and 120-B IPC at Police 2019.04.24 14:43 I attest to the accuracy and authenticity of this document Chandigarh

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Cr. Misc. No.M-11087 of 2019

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[3]

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Station City Sunam, District Sangrur and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners.

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April 23, 2019. (Inderjit Singh) Judge hsp NOTE: Whether speaking/reasoned: Yes Whether reportable: No

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HARPAL SINGH PARMAR 2019.04.24 14:43 I attest to the accuracy and authenticity of this document Chandigarh

Harbans Singh and Anr. v. State of Punjab and Anr.

Case brief

What is this about?

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Harbans Singh and Anr. v. State of Punjab and Anr.

Case brief

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What did the court decide?

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