Allowed

Avtar Singh and Anr. v. State of Punjab and Others

Punjab & Haryana HC27 Jan 2023CRM-M/20107/2022

Case brief

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What is this about?

Single judge allowed a private complaint petition to quash an FIR under IPC sections based on a genuine compromise between the accused and the complainant, citing Supreme Court and High Court precedents.

What did the court decide?

Paragraph 150, 148, 149 IPC and Sections 307/34 IPC added later on at Police Shahkot District Jalandhar on the basis of compromise (Annexure P-3) and all the subsequent proceedings thereof are hereby

Avtar Singh and Anr. Vs State of Punjab and Others — 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-20107-2022 Date of Decision:- 27.01.2023

AVTAR SINGH AND ANR

… Petitioners

Versus

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. Sandeep Arora. Advocate for the petitioner.

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Ms. Kanica Sachdeva, AAG, Punjab. Ms. Komal Preet Kaur, Advocate for Mr. G.S. Rawat, Advocate for respondents No.2 to 5.

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-.-

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KARAMJIT SINGH, J . (Oral)

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Present petition is for quashing of FIR No.82 dated 13.4.2015 under Sections 323, 324, 148, 149 IPC and Sections 307/34 IPC added later on at Police Shahkot District Jalandhar on the basis of compromise (Annexure P-3) along with other consequential proceedings arising thereto.

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

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On notice of motion, respondent No.2 to 5 appeared in the Court through their counsel and pleaded that they have no objection if the

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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-20107-2022

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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 Additional District & Sessions Judge, Jalandhar 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 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-20107-2022

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For the reasons aforestated and having regard to the law

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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 IR No.82 dated 13.4.2015 under Sections 323, 324, 148, 149 IPC and Sections 307/34 IPC added later on at Police Shahkot District Jalandhar on the basis of compromise (Annexure P-3) and all the subsequent proceedings thereof are hereby quashed qua the petitioners.

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27.01.2023 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 2023.01.31 09:37 I attest to the accuracy and authenticity of this order, judgment and documents.

Avtar Singh and Anr. v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Avtar Singh and Anr. v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

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