Allowed

Lovedeep Singh v. State of Punjab and Another

Punjab & Haryana HC23 Sept 2024CRM-M/24708/2024

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC sought quashing of an FIR under Sections 406 and 498-A IPC on the basis of a compromise deed between the parties. The Magistrate reported the compromise genuine with a single complainant. Following Kulwinder Singh and Gian Singh, the Court quashed the FIR qua the petitioner.

What did the court decide?

FIR No.206 dated 28.09.2023 under Sections 406, 498-A IPC and all subsequent proceedings quashed qua the petitioner.

Lovedeep Singh Vs State of Punjab and Another — Dowry and Cruelty | Punjab & Haryana HC (2024)

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CRM-M-24708-2024 �

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Sr. No.290

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-24708-2024 Date of decision: 23^rd September 2024

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LOVEDEEP SINGH

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........Petitioner

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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 MS. JUSTICE HARPREET KAUR JEEWAN

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Present: Mr. Arpan Sabharwal, Advocate for the petitioner.

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Mr. Davinder Bir Singh, Sr. DAG, Punjab.

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None for respondent No.2.

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HARPREET KAUR JEEWAN, J. (ORAL)

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The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.206 dated 28.09.2023, under Sections 406, 498-A IPC, 1860, registered at Police Station Division No.6, Police Commissionerate, Ludhiana (Annexure P-1) and all subsequent proceedings arising therefrom, on the basis of compromise deed dated 29.04.2024 (Annexure P-2), executed between the parties.

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This Court, vide order dated 16.05.2024, had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. 3. Pursuant to the aforesaid order, the parties have appeared before the Judicial Magistrate I^st Class, Ludhiana and got their statements recorded. On the basis of the statements so recorded, the learned Magistrate has submitted report dated 17.07.2024 with the following observations:-

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SIMRANDEEP KAUR 2024.09.27 09:52 I attest to the accuracy and integrity of this order/judgment.

CRM-M-24708-2024

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“xxx xxx xxx xxx

(i) The compromise effected between both the parties is genuine.

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(ii) Only one complainant namely Harpreet Kaur is involved in the present case.

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(iii) During investigation of the present case, no additional accused has been added in the present case.

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(iv) As per statement of IO SI Satnam Singh no accused has been declared as proclaimed offender.

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(v) No offence was added or deleted after registration of FIR in the present case.

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(vi) As per IO SI Satnam Singh, the accused has not been declared as innocent and only Lovedeep Singh is the accused in the present case.

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xxx xxx xxx xxx”

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Learned State counsel has not disputed the factum of compromise between the parties.

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In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR.

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Following the principles laid down by the Full Bench judgment of this Court in “ Kulwinder Singh and others Versus State of Punjab and another 2007” (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in “ Gian Singh Versus State of Punjab and others” (2012) 10 SCC 303 , the present petition is allowed and FIR No.206 dated 28.09.2023, under Sections 406, 498-A IPC, 1860, registered at Police Station Division No.6, Police Commissionerate, Ludhiana (Annexure P-1) and all subsequent proceedings arising therefrom are ordered to be quashed qua the petitioner.

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However, the respondent No.2 and the State shall be at liberty to seek cancellation of this order, in case the final terms and conditions of compromise SIMRANDEEP KAUR 2024.09.27 09:52I attest to the accuracy and deed dated 29.04.2024 (Annexure P-2) are violated. integrity of this order/judgment.

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CRM-M-24708-2024 �

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Pending miscellaneous application(s), if any, shall also stand disposed

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of.

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(HARPREET KAUR JEEWAN) JUDGE

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23^rdSept	ember 2024
*simran*
	*Whether speaking/reasoned*	: *Yes/No*
	*Whether reportable*	: *Yes/No*

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SIMRANDEEP KAUR 2024.09.27 09:52 I attest to the accuracy and integrity of this order/judgment.

Lovedeep Singh v. State of Punjab and Another

Case brief

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Lovedeep Singh v. State of Punjab and Another

Case brief

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