Allowed

Bhupinder Singh and Another v. State of Punjab and Others

Punjab & Haryana HC27 Jan 2023CRM-M/10354/2020

Case brief

AI extract

What is this about?

The High Court allowed a petition to quash an FIR and consequential proceedings based on a genuine compromise between the petitioner and the complainant. The court held that continuing the prosecution would be an abuse of the judicial process.

What did the court decide?

FIR No. 259 dated 21.12.2017 registered under Sections 307, 457, 380, 427, 148, 149 IPC and Sections 25/27 of Arms Act and all subsequent proceedings are hereby quashed qua the petitioners.

Bhupinder Singh and Another Vs State of Punjab and… — Quashing and FIR | Punjab & Haryana HC (2023)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-10354-2020 Date of Decision:- 27.01.2023

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BHUPINDER SINGH AND ANOTHER

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… Petitioners

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Versus

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STATE OF PUNJAB AND OTHERS

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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. Naveen Sharma, Advocate for the petitioners.

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Ms. Kanica Sachdeva, AAG, Punjab. Mr. Kamal Naresh, Advocate for respondent Nos. 2 and 3.

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-.-

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KARAMJIT SINGH, J . (Oral)

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Present petition is for quashing of FIR No.259 dated 21.12.2017 registered under Sections 307, 457, 380, 427, 148, 149 IPC and Sections 25/27 of Arms Act (Section 307 IPC deleted vide DDR No.35 dated 3.2.2018) at Police Station Maur District Bathinda on the basis of compromise (Annexures P-2 & P-3 colly.) along with other consequential proceedings arising thereto.

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

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GAURAV SOROT 2023.01.31 09:37 I attest to the accuracy and authenticity of this order, judgment and documents.

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( 2 ) CRM-M-10354-2020

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On notice of motion, respondent No.2 & 3 appeared in the Court through their counsel and pleaded that they have 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 Judicial Magistrate Ist Clas, Talwandi Sabo 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 2023.01.31 09:37 I attest to the accuracy and authenticity of this order, judgment and documents.

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( 3 ) CRM-M-10354-2020

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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.259 dated 21.12.2017 registered under Sections 307, 457, 380, 427, 148, 149 IPC and Sections 25/27 of Arms Act (Section 307 IPC deleted vide DDR No.35 dated 3.2.2018) at Police Station Maur District Bathinda on the basis of compromise (Annexures P-2 & P-3 colly.) and all the subsequent proceedings thereof are hereby quashed qua the petitioners.

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( KARAMJIT SINGH) 27.01.2023 JUDGE Gaurav Sorot

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

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GAURAV SOROT 2023.01.31 09:37 I attest to the accuracy and authenticity of this order, judgment and documents.

Bhupinder Singh and Another v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Bhupinder Singh and Another v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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