The High Court quashed FIR No.207 registered under various IPC and Arms Act sections based on a genuine compromise between the parties, holding that continuing proceedings would be an abuse of the court's process.
FIR No.207 dated 2.10.2017 and all subsequent proceedings regarding the petitioners are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-6432-2022 Date of Decision:- 15.12.2022
GURUPKAR SINGH AND ANR
… Petitioners
Versus
STATE OF PUNJAB AND ANOTHER
... Respondents
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CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH
-.-
Present:Mr. Naveen Bawa, Advocate for the petitioners. Mr. Chaman Lal Pawar, Addl. A.G. Punjab. Mr. Vishnu Dutt, Advocate for respondent No.2.
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KARAMJIT SINGH, J . (Oral)
Present petition is for quashing of FIR No.207 dated 2.10.2017 registered under Sections 336, 148, 149/34 IPC and Sections 25, 27 of Arms Act at Police Station Cantonment District Amritsar on the basis of compromise (Annexure P-2) along with other consequential proceedings arising thereto.
The abovesaid FIR was registered on the statement of complainant/respondent No.2-Simrajit Singh @ Chirri against the petitioners.
GAURAV SOROT 2022.12.16 13:51 I attest to the accuracy and authenticity of this order, judgment and documents.
( 2 ) CRM-M-6432-2022
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.
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.
In compliance thereof, report from the Court of Judicial Magistrate Ist Class, Amritsar 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.
I have heard learned counsel for the parties
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.
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
GAURAV SOROT 2022.12.16 13:51 I attest to the accuracy and authenticity of this order, judgment and documents.
( 3 ) CRM-M-6432-2022
has been compromised, the continuation of the proceedings would amount to abuse of the process of the Court.
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.207 dated 2.10.2017 registered under Sections 336, 148, 149/34 IPC and Sections 25, 27 of Arms Act at Police Station Cantonment District Amritsar on the basis of compromise (Annexure P-2) and all the subsequent proceedings thereof are hereby quashed qua the petitioners.
15.12.2022 Gaurav Sorot
( KARAMJIT SINGH) JUDGE
Whether reasoned / speaking? Yes / No Whether reportable? Yes / No
GAURAV SOROT 2022.12.16 13:51 I attest to the accuracy and authenticity of this order, judgment and documents.
2 issues framed by the court
Whether the FIR registered under Sections 336, 148, 149/34 IPC and Sections 25, 27 of Arms Act should be quashed on the basis of a compromise between the parties.
Whether the continuation of criminal proceedings would amount to an abuse of the process of the Court given the settlement.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and anotherApplied¶27
Gian Singh v. State of Punjab and another, 2012 (4) RCR (Criminal) 543
Kulwinder Singh and others v. State of Punjab and anotherApplied¶27
Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052
2 provisions across 2 enactments
Gurupkar Singh and Anr
Simrajit Singh @ Chirri
State of Punjab and Another
Karamjit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
