Allowed

Kulwinder Singh and Others v. State of Punjab and Others

Punjab & Haryana HC6 Sept 2024CRM-M/22356/2024

Case brief

AI extract

What is this about?

Petition to quash a DDR and FIR relating to an injury incident on the basis of a compromise between the parties. Following the Magistrate's report confirming the compromise was voluntary, the court quashed the DDR, FIR and all subsequent proceedings qua the petitioners.

What the court decided

AI extract

Kulwinder Singh and Others Vs State of Punjab and… — Quashing and FIR | Punjab & Haryana HC (2024)

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CRM-M-22356-2024 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-22356-2024 (O&M)

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Date of Decision: 06.09.2024

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Kulwind e r Singh & others ...Petitioners

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Versus

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State of P unjab & others ...Respondents

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CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present: M/s Manish Bansal & Satna m Singh, Advocates, for the petitioners.

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Mr. Prabhdeep Singh Dhali w al, AAG, Punjab. Mr. T.P.Singh Makkar, Adv o cate, for respondents No.2 & 3.

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GURVINDER SINGH GILL, J. (Oral)

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The petit i oners seek quashing of DDR N o .43 dated 25.04.2012 registere d at Police Station Jaito, under Sections 3 23, 324, 148, 149 IPC in FI R No.0030 dated 25.04.2012 registered a t Police Station Jaito, Distric t Faridkot, under Sections 323, 324, 34 IPC and all subsequen t proceedi n gs emanating therefrom on the basis of a compromise stated t o have bee n effected between the parties.

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Vide ord e r dated 06.05.2024, the parti e s had been directed to appea r before t h e Illaqa Magistrate/trial Court so as to get their statement s recorded q ua the factum of compromise.

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Report o f learned Sub Divisional Judi c ial Magistrate, Jaitu, has bee n received, wherein it has been rep o rted that the statements o f

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VIMAL KUMAR 2024.09.06 14:21 I attest to the accuracy and integrity of this document

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CRM-M-22356-2024 (O&M)

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accused/ p etitioners, namely, Kulwinder Singh, Jaswant Singh @ Lalli , Sikander Singh, Baldev Singh and La k hwinder Singh as well as o f complain a nt Gurjant Singh and injured Sukhmander Singh have bee n recorded to the effect that they have compromised the matter amongs t themselv e s.

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The com p lainant and injured, namely, G urjant Singh and Sukhmande r Singh re s pectively, in their statements have stated that they have n o objection in case the FIR in question is q u ashed. 5. The lear n ed Sub Divisional Judicial M a gistrate, Jaitu, has specificall y opined t h at the parties have entered into compromise without an y coercion o r undue influence.

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In view o f the aforesaid compromise a n d bearing in mind the law lai d down by F ull Bench of this Court in 200 7 (3) RCR (Crl.) 1052 Kulwinde r Singh an d others Vs. State of Punjab , th e present petition is allowed an d DDR No.43 dated 25.04.2012 registere d at Police Station Jaito, unde r Sections 323, 324, 148, 149 IPC in F IR No.0030 dated 25.04.201 2 registere d at Police Station Jaito, Distri c t Faridkot, under Sections 323 , 324, 34 I PC and all subsequent proce e dings emanating therefrom ar e hereby q u ashed qua the petitioners.

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06.09.2024 (GURVINDER SINGH GILL) Vimal JUDGE

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Whether speaking/reason e d: Yes/No Whether reportable: Yes/No

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VIMAL KUMAR 2024.09.06 14:21 I attest to the accuracy and integrity of this document

Kulwinder Singh and Others v. State of Punjab and Others

Case brief

What is this about?

What the court decided

Kulwinder Singh and Others v. State of Punjab and Others

Case brief

What is this about?

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