Allowed

Ranjit Singh v. State of Punjab and Another

Punjab & Haryana HC12 Dec 2022CRM-M/13614/2022

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana quashed FIR and subsequent proceedings arising from a compromise between the petitioner and the complainant. The court held that continuing prosecution would be an abuse of process and the settlement was in the welfare of parties.

What did the court decide?

FIR No.164 dated 9.5.2021 registered under Section 336 IPC and Sections 25, 27 of Arms Act and all subsequent proceedings were quashed qua the petitioner.

Ranjit Singh Vs State of Punjab and Another — Quashing and FIR | Punjab & Haryana HC (2022)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-13614-2022 Date of Decision:- 12.12.2022

RANJIT SINGH

… Petitioners

Versus

STATE OF PUNJAB AND ANOTHER

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... Respondents

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-.-

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CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH

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-.-

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Present:Mr. Vipul Aggarwal, Advocate for the petitioners. Ms. Kanika Sachdeva, AAG, Punjab. Ms. Sunita Gupta, Advocate for respondent No.2.

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-.-

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KARAMJIT SINGH, J . (Oral)

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Present petition is for quashing of FIR No.164 dated 9.5.2021 registered under Section 336 IPC and Sections 25, 27 of Arms Act (Section 25 of Arms Act deleted later on) at Police Station Ajnala, District Amritsar (Rural) on the basis of compromise dated 8.3.2022 (Annexure P-3) along with other consequential proceedings arising thereto.

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The abovesaid FIR was registered on the statement of complainant/respondent No.2-Bhushan Kumar against the petitioner.

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On notice of motion, respondent No.2 appeared in the Court through his counsel and pleaded that he has no objection if the FIR in this

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GAURAV SOROT 2022.12.13 11:59 I attest to the accuracy and authenticity of this order, judgment and documents.

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( 2 ) CRM-M-13614-2022

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case is quashed on the basis of the aforesaid compromise which has been effected between the parties.

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During the course of preliminary hearing, the trial Court/Illaqa Magistrate was directed to record the statements of the all the concerned parties with regard to genuineness and validity or otherwise of the aforesaid compromise.

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In compliance thereof, report from the Court of Sub-Divisional Judicial Magistrate, Ajnala along with statements of the parties has been received, in which, it is mentioned that the compromise is genuine and there was no undue influence or coercion from any side.

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I have heard learned counsel for the parties

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Learned counsel for the parties are ad idem that in view of the settlement effected between the parties, the present petition deserves to be accepted. It has also come on record that the aforesaid compromise is genuine and the parties effected the same without any undue influence or coercion.

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I am of the view that the aforesaid compromise is in the welfare and interest of the parties and will enable the parties to live in peace and enjoy their life in a dignified manner. Also there is no legal impediment in translating their wishes into reality by putting an end to the criminal prosecution initiated on the basis of FIR in question. Further as the matter has been compromised, the continuation of the proceedings would amount to abuse of the process of the Court.

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GAURAV SOROT 2022.12.13 11:59 I attest to the accuracy and authenticity of this order, judgment and documents.

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( 3 ) CRM-M-13614-2022

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For the reasons aforestated and having regard to the law laid down by Hon'ble Apex Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Five Judges Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052 , this petition is allowed and FIR No.164 dated 9.5.2021 registered under Section 336 IPC and Sections 25, 27 of Arms Act (Section 25 of Arms Act deleted later on) at Police Station Ajnala, District Amritsar (Rural) on the basis of compromise dated 8.3.2022 (Annexure P-3) and all the subsequent proceedings thereof are hereby quashed qua the petitioner.

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12.12.2022

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( KARAMJIT SINGH) JUDGE

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Gaurav Sorot

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

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GAURAV SOROT 2022.12.13 11:59 I attest to the accuracy and authenticity of this order, judgment and documents.

Ranjit Singh v. State of Punjab and Another

Case brief

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Ranjit Singh v. State of Punjab and Another

Case brief

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