Allowed

Gurdayal Singh and Others v. State of Haryana and Another

Punjab & Haryana HC3 Sept 2024CRM-M/2459/2023

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR under IPC and Arms Act sections on the basis of a compromise with respondent No.2. The Magistrate reported the compromise was voluntary; relying on Kulwinder Singh (Full Bench), the court quashed the FIR and proceedings qua petitioners.

What did the court decide?

FIR No.92 dated 19.6.2020 and all subsequent proceedings quashed qua petitioners.

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

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In the High Court for the States of Punjab and Haryana At Chandigarh

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CRM-M-2459-2023 (O&M) Date of Decision:-3.9.2024

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Gurdayal Singh and others … Petitioners Versus State of Haryana and another ... Respondents

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CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present:Mr. Govind Arora, Advocate for Mr. Arvinder Arora, Advocate for the petitioners.

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Mr. Neeraj Sheoran, DAG, Haryana.

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GURVINDER SINGH GILL, J . (Oral)

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The petitioners seek quashing of FIR No.92, dated 19.6.2020 registered at Police Station Sadhaura, District Yamunanagar, under Sections 148, 149, 285, 323, 336, 506 of Indian Penal Code & Sections 25, 54 and 59 of Arms Act and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties.

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Vide order dated 18.3.2024, the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded qua the factum of compromise.

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Report of learned Judicial Magistrate 1^st Class, Sub Division Bilaspur has been received, wherein it has been reported that statement of petitioners/accused Gurdayal Singh, Raj Kumar, Kulwant Singh, Amarjeet Singh @ Ravi, Gurjeet Singh, Vipin Kumar, Mandeep Singh, Jahangeer

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Pankaj Kakkar 2024.09.04 10:51 I attest to the accuracy and authenticity of this document

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CRM-M-2459-2023 (O&M) ( 2 )

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Khan and also of respondent No.2 Gurmeet Singh have been recorded to the effect that they have compromised the matter amongst themselves.

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Respondent No.2 namely Gurmeet Singh in his statement has stated that he has no objection in case the FIR in question is quashed.

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Learned Judicial Magistrate 1^st Class, Sub Division Bilaspur has specifically opined that the parties have entered into compromise voluntarily and without any undue influence.

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In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab , the present petition is allowed and FIR No.92, dated 19.6.2020 registered at Police Station Sadhaura, District Yamunanagar, under Sections 148, 149, 285, 323, 336, 506 of Indian Penal Code & Sections 25, 54 and 59 of Arms Act and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

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3.9.2024 Geeta		( Gu	rvinder Singh Gill ) Judge
	Whether reasoned/speaking	Yes / No
	Whether reportable	Yes / No

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Pankaj Kakkar 2024.09.04 10:51 I attest to the accuracy and authenticity of this document

Gurdayal Singh and Others v. State of Haryana and Another

Case brief

What is this about?

What did the court decide?

Gurdayal Singh and Others v. State of Haryana and Another

Case brief

What is this about?

What did the court decide?

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