Quashed

Gurmail Kaur and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC2 Apr 2022CRM-M/653/2022

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR and subsequent proceedings due to a compromise during trial. The Magistrate recorded statements confirming voluntary compromise. The High Court allowed and quashed the proceedings against petitioners.

What did the court decide?

Quashing of complaint No. COMI/000206/2013 and all subsequent proceedings emanating therefrom qua the petitioners.

Gurmail Kaur and Ors. Vs State of Punjab… — Criminal Trial and Appeal | 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-653-2022 (O&M) Date of Decision:- 2.4.2022

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Gurmail Kaur and others … Petitioners

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Versus

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State of Punjab and another ... 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 complaint No. COMI/000206/2013, under Sections 307, 452, 326, 323, 324, 459, 295-A, 506, 148, 149 IPC, pending in the Court of learned Judicial Magistrate 1^st Class, Jagraon, District Ludhiana, 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 2.2.2022, the parties had been directed to appear before the trial Court/Illaqa Magistrate 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 Gurmail Kaur, Manjit Kaur, Binder Kaur @ Satti,

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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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- 2 - CRM-M-653-2022 (O&M)

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Manjit Kaur Panch, Rajinder Singh @ Kaka, Darshan Singh have been recorded. Statements of accused Kiranjit Kaur and Tejwant Kaur Sandhu have been recorded through their Special Power of Attorney holder Manjit Kaur and statement of Amarjit Singh @ Jit Singh has been recorded through his Special Power of Attorney holder Rajinder Singh @ Kaka. Statement of complainant Karamjit Kaur had also been recorded to the effect that the parties have compromised the matter amongst themselves.

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The complainant Karamjit Kaur in her statement had stated that she has 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 complaint No. COMI/000206/2013, under Sections 307, 452, 326, 323, 324, 459, 295-A, 506, 148, 149 IPC, pending in the Court of learned Judicial Magistrate 1^st Class, Jagraon, District Ludhiana and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners.

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2.4.2022 (GURVINDER SINGH GILL) mohan 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

Gurmail Kaur and Ors. v. State of Punjab and Anr.

Case brief

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Gurmail Kaur and Ors. v. State of Punjab and Anr.

Case brief

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