Allowed

Kulwinder Singh and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC14 Sept 2021CRM-M/5443/2021

Case brief

AI extract

What is this about?

The petitioners sought quashing of a First Information Report (FIR) and subsequent First Information Report under Sections 482 CrPC and the IPC for offences including mischief and culpable hurt. The High Court quashed the proceedings as the matter was amicably settled, and the trial court had reported the compromise as valid, genuine, and voluntary without coercion.

What did the court decide?

Quashing of DDR No.28 dated 10.08.2020 registered in FIR No. 114 dated 09.08.2020 and all consequential proceedings arising therefrom.

Kulwinder Singh and Ors. Vs State of Punjab and Ors. — Quashing and FIR | Punjab & Haryana HC (2021)

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CRM-M-5443 of 2021 (O&M) #1#

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-5443 of 2021 (O&M) Date of Decision: 14.09.2021

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Kulwinder Singh and Ors.

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......Petitioners

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Versus

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State of Punjab and Ors.

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.....Respondents

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CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

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Present: Mr. Ajaypal Singh, Advocate for the petitioners.

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Mr. Sarabjit Singh, AAG, Punjab.

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Mr. Vinay Kumar, Advocate for the complainant.

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HARINDER SINGH SIDHU, J

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Crl.M.No.29083 of 2021

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Prayer is for preponing the date of hearing.

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Notice of the application.

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Sh. Sarabjit Singh, AAG, Punjab accepts notice on behalf of

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respondent-State of Punjab.

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Heard.

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For the reasons recorded in the application, which is supported by an affidavit, the same is allowed and the matter is taken up for hearing today itself.

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Main case

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Petitioners have filed this petition under Section 482 Cr.P.C. for quashing of DDR No.28 dated 10.08.2020 under Sections 452,323,148,149 IPC registered in FIR No. 114 dated 09.08.2020 under Sections 457,324,323,148,149 IPC (Section 452 IPC added later on) at P.S Qila Lal Singh, District Batala and all other consequential proceedings arising out of the

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said FIR, as the matter stands amicably settled in terms of compromise deed.

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MANOJ KUMAR 2021.09.15 09:19 I attest to the accuracy and integrity of this document

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CRM-M-5443 of 2021 (O&M) #2#

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Vide order dated 05.02.2021, the parties were directed to appear before the trial Court/Area Magistrate on 09.03.2021 for getting their statements recorded with regard to the compromise. The trial Court was to send its report regarding the genuineness of the compromise.

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A report dated 18.03.2021 of learned Judicial Magistrate, Ist Class, Batala has been received. As per the report, the parties had appeared before learned Magistrate and got recorded their statements regarding compromise. Learned Magistrate has stated that he is of the considered view that the compromise between the parties is valid, genuine, voluntary and without any coercion or undue influence.

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In view thereof, the present petition is allowed. DDR No.28 dated 10.08.2020 under Sections 452,323,148,149 IPC registered in FIR No. 114 dated 09.08.2020 under Sections 457,324,323,148,149 IPC (Section 452 IPC added later on) at P.S Qila Lal Singh, District Batala along with all subsequent proceedings arising therefrom, are hereby quashed qua the petitioners.

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September 14, 2021 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

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MANOJ KUMAR 2021.09.15 09:19 I attest to the accuracy and integrity of this document

Kulwinder Singh and Ors. v. State of Punjab and Ors.

Case brief

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Kulwinder Singh and Ors. v. State of Punjab and Ors.

Case brief

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