Quashed

Gagandeep Singh and Another v. State of Punjab and Anr.

Punjab & Haryana HC5 Jan 2021CRM-M/34537/2020

Case brief

AI extract

What is this about?

Single judge quashed FIR No.136 and DDR No.47 registered under IPC and Arms Act following recording of a valid compromise report by the Judicial Magistrate and confirmation that no other criminal cases were pending against the petitioners.

What did the court decide?

FIR No.136 dated 21.9.2020 and DDR No.47 dated 21.9.2020 and all subsequent proceedings therefrom are quashed qua the petitioners.

Gagandeep Singh and Another Vs State of Punjab and… — Quashing and FIR | Punjab & Haryana HC (2021)

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

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CRM-M-34537-2020 (O&M)

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Gagandeep Singh and another … Petitioners Versus State of Punjab and another ... Respondents II) CRM-M-34594-2020 (O&M) Ram Kumar and another … Petitioners Versus State of Punjab and others ... Respondents

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Date of Decision:-5.1.2021

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CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present:Mr. Jaswinder Singh Grewal, Advocate, for the petitioners in CRM-M-34537-2020.

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Ms. Manpreet Kaur, Advocate, for the petitioners in CRM-M-34594-2020.

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Mr. Dhruv Dayal, Sr. DAG, Punjab.

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(proceedings conducted through video conferencing)

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GURVINDER SINGH GILL, J .(Oral)

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This order shall dispose of the aforesaid two petitions filed on behalf of

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petitioners Gagandeep Singh, Tejinder Singh, Ram Kumar and Mahinder

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PANKAJ KAKKAR 2021.01.05 15:03 I attest to the accuracy and integrity of this document

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( 2 ) CRM-M-34537-2020 (O&M) & CRM-M-34594-2020 (O&M)

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Kumar seeking quashing of FIR No.136 dated 21.9.2020 registered at Police Station Sadar Abohar, Tehsil Abohar, District Fazilka under Sections 323, 324, 148, 149 of Indian Penal Code and Sections 25 and 27 of Arms Act as well as for DDR No.47 dated 21.9.2020 under Sections 324, 323 and 34 of Indian Penal Code (wherein offence under Section 325 IPC was added later on) in FIR No.136 dated 21.9.2020 registered at Police Station Sadar Abohar, Tehsil Abohar, District Fazilka under Sections 323, 324, 148, 149 of Indian Penal Code and Sections 25 and 27 of Arms Act and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

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Pursuant to order dated 30.10.2020, a report of learned Judicial Magistrate 1^st Class, Abohar is received, wherein it has been reported that statements of both the parties have been recorded to the effect that they have entered into a compromise. The relevant extract from the said report to read as follows:

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‘The petitioners/accused as well as injured of each case named above in their respective statements have stated that now with the intervention of respectables they have compromised with each other without any pressure, coercion and with their free will. So, in view of the statements of petitioners/respondents of the cases referred above, it is quite evident that the compromise has been effected between the complainant and accused voluntarily, without any threat or coercion or undue influence and appears to be valid & genuine. This Court is satisfied that the FIR/DDR sought to be quashed through above said petitions can be quashed.

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It has further been reported that as per an affidavit filed by Sh. Avtar Singh, PPS, DSP (Rural), Abohar, Tehsil Abohar no other criminal case is pending against any of the petitioner in either of the two cases.

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PANKAJ KAKKAR 2021.01.05 15:03 I attest to the accuracy and integrity of this document

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( 3 )

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CRM-M-34537-2020 (O&M) & CRM-M-34594-2020 (O&M)

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In view of the aforesaid position, wherein both the parties in respect of which cross-version have been recorded are stated to have compromised voluntarily and none of them is stated to be involved in any other criminal case 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 both the petitions are hereby accepted and the FIR No.136 dated 21.9.2020 registered at Police Station Sadar Abohar, Tehsil Abohar, District Fazilka under Sections 323, 324, 148, 149 of Indian Penal Code and Sections 25 and 27 of Arms Act as well as for DDR No.47 dated 21.9.2020 under Sections 324, 323 and 34 of Indian Penal Code (wherein offence under Section 325 IPC was added later on) in FIR No.136 dated 21.9.2020 registered at Police Station Sadar Abohar, Tehsil Abohar, District Fazilka under Sections 323, 324, 148, 149 of Indian Penal Code and Sections 25 and 27 of Arms Act and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

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5.1.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No

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PANKAJ KAKKAR 2021.01.05 15:03 I attest to the accuracy and integrity of this document

Gagandeep Singh and Another v. State of Punjab and Anr.

Case brief

What is this about?

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Gagandeep Singh and Another v. State of Punjab and Anr.

Case brief

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