Allowed

Kulbir Singh and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC25 Jan 2023CRM-M/8011/2022

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking quashing of an FIR registered under Sections 336 IPC and Section 27 of Arms Act. Relying on a genuine compromise reached between the parties without coercion, the court held that continued proceedings would amount to abuse of process and quashed the FIR and consequential proceedings.

What did the court decide?

FIR No.174 dated 20.11.2004 and all subsequent proceedings are quashed qua the petitioners.

Kulbir Singh and Ors. Vs State of Punjab and Ors. — 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-8011-2022 Date of Decision:- 25.01.2023

KULBIR SINGH AND ORS

… Petitioners

Versus

STATE OF PUNJAB AND ORS

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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. Rahul Arora, Advocate for the petitioners.

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Ms. Kanica Sachdeva, AAG, Punjab. Mr. Vineed Sachdeva, Advocate for respondents No.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.174 dated 20.11.2004 registered under Sections 336 IPC and Section 27 of Arms Act at Police Station Mamdot District Ferozepur 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-Amarjit Singh against the petitioners.

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GAURAV SOROT 2023.01.25 18:09 I attest to the accuracy and authenticity of this order, judgment and documents.

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( 2 ) CRM-M-8011-2022

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On notice of motion, respondent Nos.2 and 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 Class, Ferozepur 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 2023.01.25 18:09 I attest to the accuracy and authenticity of this order, judgment and documents.

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( 3 ) CRM-M-8011-2022

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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.174 dated 20.11.2004 registered under Sections 336 IPC and Section 27 of Arms Act at Police Station Mamdot District Ferozepur on the basis of compromise (Annexure P-3) and all the subsequent proceedings thereof are hereby quashed qua the petitioners.

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( KARAMJIT SINGH) 25.01.2023 JUDGE Gaurav Sorot

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

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GAURAV SOROT 2023.01.25 18:09 I attest to the accuracy and authenticity of this order, judgment and documents.

Kulbir Singh and Ors. v. State of Punjab and Ors.

Case brief

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Kulbir Singh and Ors. v. State of Punjab and Ors.

Case brief

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