Allowed

Iqbal Singh and Another v. State of Punjab and Another

Punjab & Haryana HC24 Jan 2023CRM-M/9785/2022

Case brief

AI extract

What is this about?

In this quashing petition, the Court allowed the petition and quashed the FIR and all consequential proceedings. The Court found the compromise dated 5.10.2021 genuine, effected without coercion, and in the interest of parties to end prosecution initiated under Section 420 IPC.

What did the court decide?

FIR No.35 dated 21.4.2021 and all subsequent proceedings thereof are quashed qua the petitioners.

Iqbal Singh and Another Vs State… — Contract and Commercial Disputes | Punjab & Haryana HC (2023)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-9785-2022 Date of Decision:- 24.01.2023

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IQBAL SINGH AND ANOTHER

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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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Present:Mr. Munish Raj Chaudhary, Advocate for the petitioners. Mr. M.S. Nagra, AAG, Punjab. Mr. B.S. Jatana, 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.35 dated 21.4.2021 registered under Section 420 IPC at Police Station Joga, District Mansa on the basis of compromise dated 5.10.2021 (Annexure P-2) along with other consequential proceedings arising thereto.

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The abovesaid FIR was registered on the application moved by complainant/respondent No.2-Jasmer Kaur @ Jasmial Kaur @ Ajmer Kaur against the petitioners.

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On notice of motion, respondent No.2 appeared in the Court through his counsel and pleaded that he has no objection if the FIR in this

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GAURAV SOROT 2023.01.25 15:15 I attest to the accuracy and authenticity of this order, judgment and documents.

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( 2 ) CRM-M-9785-2022

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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, Mansa 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 2023.01.25 15:15 I attest to the accuracy and authenticity of this order, judgment and documents.

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( 3 ) CRM-M-9785-2022

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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 FIR No.35 dated 21.4.2021 registered under Section 420 IPC at Police Station Joga, District Mansa on the basis of compromise dated 5.10.2021 (Annexure P-2) and all the subsequent proceedings thereof are hereby quashed qua the petitioners.

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24.01.2023 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 2023.01.25 15:15 I attest to the accuracy and authenticity of this order, judgment and documents.

Iqbal Singh and Another v. State of Punjab and Another

Case brief

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Iqbal Singh and Another v. State of Punjab and Another

Case brief

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