Allowed

Iqbal Singh v. State of Punjab and Anr.

Punjab & Haryana HC24 Nov 2020CRM-M/8495/2019

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana granted a petition to quash an FIR under IPC Sections 324, 34, 379, and 506. Based on a recorded compromise and a Magistrate's report confirming voluntariness, the Court allowed the petition and quashed the FIR and subsequent proceedings qua the petitioner, relying on the principle laid down in Kulwinder Singh.

What did the court decide?

FIR No.39 dated 8.3.2017 and subsequent proceedings are quashed qua the petitioner.

Iqbal Singh Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2020)

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In The High Court for the States of Punjab and Haryana At Chandigarh

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CRM-M-8495-2019 (O&M) Date of Decision:- 24.11.2020

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Iqbal Singh … Petitioner

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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 MR. JUSTICE GURVINDER SINGH GILL

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Present:Ms. Satpreet Grewal Kapila, Advocate, for the petitioner. Mr. A.P.S.Gill, DAG, Punjab.

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Ms. Suminder Deep Kaur, Advocate, for respondent No.2. (Proceedings conducted through video conferencing)

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GURVINDER SINGH GILL, J . (Oral)

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The petitioner has approached this Court seeking quashing of FIR No.39, dated 8.3.2017, Police Station Tanda, District Hoshiarpur, under Sections 324, 34, 379, 506 IPC and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

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Vide order dated 25.2.2019, the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get their statements recorded qua the factum of compromise. Report of learned Judicial Magistrate 1st Class, Dasuya, has been received, wherein it has been reported that the statements of petitioner/accused Iqbal Singh and

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MOHAN SINGH 2020.11.24 19:00 I attest to the accuracy and integrity of this document

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- 2 - CRM-M-8495-2019 (O&M)

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also of complainant Lallan Giri have been recorded to the effect that they have compromised the matter amongst themselves.

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The complainant Lallan Giri in his statement has stated that he has no objection in case the FIR in question is quashed.

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The learned Judicial Magistrate 1st Class, Dasuya has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence.

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In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab , the present petition is allowed and FIR No.39, dated 8.3.2017, Police Station Tanda, District Hoshiarpur, under Sections 324, 34, 379, 506 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.

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Novemb mohan	er 24, 2020	(GURVIN	DER SINGH GILL) JUDGE
	Whether speaking /reasoned	Yes / No
	Whether Reportable	Yes / No

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MOHAN SINGH 2020.11.24 19:00 I attest to the accuracy and integrity of this document

Iqbal Singh v. State of Punjab and Anr.

Case brief

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Iqbal Singh v. State of Punjab and Anr.

Case brief

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