Allowed

Virpal Kaur Uppal and Ors. v. State of Punjab and Another

Punjab & Haryana HC14 Dec 2022CRM-M/5882/2022

Case brief

AI extract

What is this about?

Petitioners sought quashing of FIQ No.17 and an order declaring them a proclaimed person based on a compromise between parties. The High Court, finding the compromise genuine and voluntary, quashed the FIR and subsequent proceedings to prevent abuse of court process and promote peace.

What did the court decide?

Quashed FIR No.17 dated 31.1.2020, impugned order dated 19.3.2021, and all subsequent consequential proceedings.

Virpal Kaur Uppal and Ors. Vs… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2022)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-5882-2022 Date of Decision:- 14.12.2022

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VIRPAL KAUR UPPAL AND ORS

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… Petitioners

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Versus

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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. Deepinder Brar, Advocate for the petitioners. Ms. Kanica Sachdeva, AAG, Punjab. Mr. R.S. Ghuman, 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.17 dated 31.1.2020 registered under Sections 420, 34 IPC at Police Station Payal, District Ludhiana and further for quashing of impugned order dated 19.3.2021 declaring petitioner No.1 proclaimed person (Annexure P-2) on the basis of compromise dated 11.10.2021 (Annexure P-3) along with other consequential proceedings arising thereto.

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The abovesaid FIR was registered on the application moved by complainant/respondent No.2-Inderjeet Singh against the petitioners.

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GAURAV SOROT 2022.12.16 13:12 I attest to the accuracy and authenticity of this order, judgment and documents.

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( 2 ) CRM-M-5882-2022

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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 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, Payal 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

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GAURAV SOROT 2022.12.16 13:12 I attest to the accuracy and authenticity of this order, judgment and documents.

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( 3 ) CRM-M-5882-2022

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has been compromised, the continuation of the proceedings would amount to abuse of the process of the Court.

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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.17 dated 31.1.2020 registered under Sections 420, 34 IPC at Police Station Payal, District Ludhiana and impugned order dated 19.3.2021 declaring petitioner No.1 proclaimed person (Annexure P-2) on the basis of compromise dated 11.10.2021 (Annexure P-3) and all the subsequent proceedings thereof are hereby quashed qua the petitioners.

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( KARAMJIT SINGH) 14.12.2022 JUDGE Gaurav Sorot

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

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GAURAV SOROT 2022.12.16 13:12 I attest to the accuracy and authenticity of this order, judgment and documents.

Virpal Kaur Uppal and Ors. v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Virpal Kaur Uppal and Ors. v. State of Punjab and Another

Case brief

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What did the court decide?

What the court decided

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