Allowed

Sher Singh and Another v. State of Punjab and Another

Punjab & Haryana HC5 Jul 2024CRM-M/16557/2024

Case brief

AI extract

What is this about?

Petition seeking quashing of an SC/ST (Prevention of Atrocities) Act FIR on grounds of a compromise between parties. After a Magistrate verified the compromise was voluntary and complainant raised no objection, the High Court quashed the FIR and all consequent proceedings, relying on Gian Singh and Kulwinder Singh.

What did the court decide?

FIR No.24 dated 10.03.2023 and all consequent proceedings quashed qua the petitioners

Sher Singh and Another Vs State of Punjab and… — Caste Atrocities | Punjab & Haryana HC (2024)

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243 IN THE HIGH COURT OF PUNJ A B AND HARYANA AT CHANDIGARH

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CRM-M-16557 - 2024 Date of Decisio n : 05.07.2024

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Sher Singh and another

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…Petitioners

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Versus

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State of Punjab and another ….Respondents

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CORAM: HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL

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Present: Mr. A.K. Sama, Advocate, for the p etitioner.

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Mr. Shiva Khurmi, AAG, Punjab.

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Mr. Aarish Kamboj, Advocate for r espondent No.2.

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MANJARI NEHRU KAUL, J. (ORAL)

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Th e instant petition is for quashing of FIR No.24 dated 10.03.2023 under Section 3 ( 1)(s) of Scheduled Castes and S cheduled Tribes (Prevention o f Atrocities Act, 1989 Amendment 2015) regist e red at Police Station Lakho K e Behram, District Ferozepur, Punjab.

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Vi d e order dated 05.04.2024 o f this Court, the parties wer e directed to appear before the learned trial Court / Illaqa Magistrate on 06.05.202 4 to get their stat e ments recorded regarding the c ompromise arrived at, betwee n them.

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Re p ort has since been received from learned Sub Divisiona l Judicial Magist r ate, Guruharsahai, in pursuanc e of the directions of this Court , wherein, the fa c tum of the compromise arrived at between the parties stand s verified and co n firmed. As per the report compromise has indeed been effected

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PUSHPINDER SAINI 2024.07.06 06:50 I attest to the accuracy and integrity of this document

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CRM-M-16557 - 2024 -2-

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between the par t ies and the same is without an y pressure or coercion and out o f their free will a n d the complainant has also ma d e statement to the effect that sh e would have no o bjection if the FIR qua the acc u sed-petitioners is quashed.

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T h e Trial Court has annexed the copy of statements of the parties , alongwith its re p ort.

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Le a rned State counsel too submits that there are no other accuse d other than the p etitioners and respondent No.2 is the only aggrieved person i n the FIR in ques t ion.

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In view of the report of the l e arned Sub Divisional Judicia l Magistrate, Gu r uharsahai and the principles l a id down by Hon’ble the Ape x Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303 , an d also by the Full Bench of this Court in KulwInder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 , the instant petition i s allowed. The a f oresaid FIR and all consequent i al proceedings arising out of it , are quashed qu a petitioners.

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Ne e dless to say the parties shall remain bound by the terms o f compromise an d their statements recorded befo r e the Court below.

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(MANJARI NEHRU KAUL) July 05, 2024 JUDGE ps Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No

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PUSHPINDER SAINI 2024.07.06 06:50 I attest to the accuracy and integrity of this document

Sher Singh and Another v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Sher Singh and Another v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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