Allowed

Boota Singh @ Gurmail Singh v. State of Punjab and Another

Punjab & Haryana HC12 Dec 2022CRM-M/8485/2021

Case brief

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What is this about?

The High Court of Punjab and Haryana allowed a petition to quash an FIR registered under Sections 452, 324, 323 IPC. Relying on a valid compromise reported by the Magistrate as genuine and undisputed, the Court held that continuing proceedings would amount to an abuse of court process.

What did the court decide?

FIR No.231 dated 29.10.2020 and all subsequent proceedings thereof are hereby quashed qua the petitioner.

Boota Singh @ Gurmail Singh Vs State of Punjab and… — Bail and Remand | Punjab & Haryana HC (2022)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-8485-2021 Date of Decision:- 12.12.2022

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BOOTA SINGH @ GURMAIL SINGH

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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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CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH

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-.-

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Present:Mr. Surinder Garg, Advocate for the petitioners. Ms. Kanika Sachdeva, AAG, Punjab. Mr. Kashmir Singh, 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.231 dated 29.10.2020 registered under Sections 452, 324, 323 IPC at Police Station Kotkapura District Faridkot on the basis of compromise dated 28.1.2021 (Annexure P- 2) along with other consequential proceedings arising thereto.

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

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On notice of motion, respondent No.2-Gurnam Kaur appeared in the Court through her counsel and pleaded that she has no objection if the

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GAURAV SOROT 2022.12.13 14:24 I attest to the accuracy and authenticity of this order, judgment and documents.

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( 2 ) CRM-M-8485-2021

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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 Judicial Magistrate Ist Class, Faridkot 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 14:24 I attest to the accuracy and authenticity of this order, judgment and documents.

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( 3 ) CRM-M-8485-2021

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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.231 dated 29.10.2020 registered under Sections 452, 324, 323 IPC at Police Station Kotkapura District Faridkot on the basis of compromise dated 28.1.2021 (Annexure P-2) and all the subsequent proceedings thereof are hereby quashed qua the petitioner.

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12.12.2022 Gaurav Sorot

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( KARAMJIT SINGH) JUDGE

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

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GAURAV SOROT 2022.12.13 14:24 I attest to the accuracy and authenticity of this order, judgment and documents.

Boota Singh @ Gurmail Singh v. State of Punjab and Another

Case brief

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Boota Singh @ Gurmail Singh v. State of Punjab and Another

Case brief

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