Allowed

Karam Singh and Anr. v. State of Punjab and Ors.

Punjab & Haryana HC2 Apr 2022CRM-M/178/2022

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a petition for quashing of an FIR and subsequent proceedings under IPC sections, accepting a report from the Judicial Magistrate confirming a voluntary compromise between the petitioners and the complainants, relying on the Full Bench judgment in Kulwinder Singh.

What did the court decide?

FIR No. 37 dated 3.4.2013 and all subsequent proceedings under sections 323, 341, 447, 511, 506 and 34 IPC are quashed.

Karam Singh and Anr. Vs State of Punjab… — Writ and Judicial Review | Punjab & Haryana HC (2022)

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

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CRM-M-178-2022 (O&M) Date of Decision:- 2.4.2022

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Karam Singh and another … Petitioners

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Versus

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State of Punjab and others

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... Respondents

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CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present:Mr. Anshul Sharma, Advocate for Mr. Gursimran Singh Madaan, Advocate, for the petitioners.

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Mr. Luvinder Sofat, AAG, Punjab.

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GURVINDER SINGH GILL, J . (Oral)

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The petitioners have approached this Court seeking quashing of FIR No.37, dated 3.4.2013, Police Station Sudhar, District Ludhiana, under Sections 323, 341, 447, 511, 506 and 34 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 10.3.2022, the parties had been directed to appear before the Area Magistrate/trial Court so as to get their statements recorded qua the factum of compromise.

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Report of learned Judicial Magistrate 1^st Class, Jagraon, has been received, wherein it has been reported that the statements of petitioners/accused Karam Singh, Karamjit Kaur and also of complainant/injured Manjit Kaur, Binder Kaur, Kiranjit Kaur

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MOHAN SINGH 2022.04.02 15:02 I attest to the accuracy and integrity of this document

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CRM-M-178-2022 (O&M)

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- 2 -

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(through her Special Power of Attorney holder Manjit Kaur) have been recorded to the effect that they have compromised the matter amongst themselves.

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The complainant/injured Manjit Kaur, Binder Kaur, Kiranjit Kaur (through her Special Power of Attorney holder Manjit Kaur) in their joint statement had stated that they have no objection in case the FIR in question is quashed.

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The learned Judicial Magistrate 1^st Class, Jagraon, 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.37, dated 3.4.2013, Police Station Sudhar, District Ludhiana, under Sections 323, 341, 447, 511, 506 and 34 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners.

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2.4.2022 mohan		(GURVIN	DER SINGH GILL) JUDGE
	Whether speaking /reasoned	Yes / No
	Whether Reportable	Yes / No

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MOHAN SINGH 2022.04.02 15:02 I attest to the accuracy and integrity of this document

Karam Singh and Anr. v. State of Punjab and Ors.

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Karam Singh and Anr. v. State of Punjab and Ors.

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