Allowed

Surinder Pal v. State of Punjab and Another

Punjab & Haryana HC1 Nov 2021CRM-M/26822/2021

Case brief

AI extract

What is this about?

Petitioner sought quashing of an FIR registered under IPC and other statutes based on a compromise. The High Court, relying on the Sub Divisional Magistrate’s report confirming voluntary settlement and applying a Full Bench precedent, allowed the petition and quashed the FIR and subsequent proceedings.

What did the court decide?

FIR No.01 dated 2.1.2021 and all subsequent proceedings are hereby quashed qua petitioner.

Surinder Pal Vs State of Punjab and Another — Punjab & Haryana HC (2021) — LawSathi Research

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

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CRM-M-26822-2021 (O&M) Date of Decision:-1.11.2021

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Surinder Pal … 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:Mr. Mohit Kumar, Advocate for Mr. Nandan Jindal, Advocate for the petitioner.

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Mr. Ajay Pal Singh Gill, DAG, Punjab.

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Ms. Ravneet Kaur, Nijjar, Advocate for the complainant.

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GURVINDER SINGH GILL, J .(Oral)

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The petitioner has approached this Court seeking quashing of FIR No.01 dated 2.1.2021 registered at Police Station City Balachaur, District Shaheed Bhagat Singh Nagar under Sections 406, 420, 120-B of Indian Penal Code, Section 13 of Punjab Travel Professionals (Regulation) Act, 2014 and Section 24 of Immigration Act and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties.

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Vide order dated 15.7.2021, the parties had been directed to appear before the Trial Court/Illaqa Magistrate so as to get their statements recorded qua the factum of compromise.

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PANKAJ KAKKAR 2021.11.02 12:47 I attest to the accuracy and integrity of this document

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( 2 ) CRM-M-26822-2021 (O&M)

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Report of learned Sub Divisional Judicial Magistrate, Balachaur, Shaheed Bhagat Singh Nagar has been received, wherein it has been reported that the statements of petitioner/accused Surinder Pal and also of respondents No.2 Amrit Singh have been recorded to the effect that they have compromised the matter amongst themselves.

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Respondents No.2 Amrit Singh in his statement has stated that he has no objection in case the FIR in question is quashed.

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Learned Sub Divisional Judicial Magistrate, Balachaur, Shaheed Bhagat Singh Nagar 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.01 dated 2.1.2021 registered at Police Station City Balachaur, District Shaheed Bhagat Singh Nagar under Sections 406, 420, 120-B of Indian Penal Code, Section 13 of Punjab Travel Professionals (Regulation) Act, 2014 and Section 24 of Immigration Act and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.

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1.11.2021

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pankaj

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( Gurvinder Singh Gill ) Judge

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Whether reasoned/speaking Yes / No Whether reportable Yes / No

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PANKAJ KAKKAR 2021.11.02 12:47 I attest to the accuracy and integrity of this document

Surinder Pal v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Surinder Pal v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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