Allowed

Apeel @ Appeal and Others v. State of Punjab and Another

Punjab & Haryana HC18 Sept 2024CRM-M/25591/2024

Case brief

AI extract

What is this about?

Quashing petition under Section 482 CrPC seeking quashing of FIR registered under Sections 323, 341, 506, 148, 149 IPC (307 and 427 added later). Trial court reported the compromise dated 10.05.2024 was genuine; relying on Gian Singh and Narinder Singh, the High Court allowed the petition and quashed the FIR qua the petitioners.

What did the court decide?

FIR No.90 dated 18.03.2024 and all consequential proceedings arising therefrom quashed on the basis of compromise qua the petitioners.

Apeel @ Appeal and Others Vs State of Punjab and… — Quashing and FIR | Punjab & Haryana HC (2024)

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CRM-M-25591-2024 (O&M) -1-

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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327

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CRM-M-25591-2024 (O&M) Date of Decision:- 18.09.2024

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....Petitioner(s)

Versus

STATE OF PUNJAB AND ANOTHER

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...Respondent(s)

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CORAM: HON'BLE MR. JUSTICE SANJIV BERRY

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Present : Mr. Barjinder Singh, Advocate for the petitioners.

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Mr. Adesh Pal Singh, AAG Punjab.

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SANJIV BERRY, J. (ORAL)

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By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR (Annexure P- 1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 10.05.2024 (Annexure P-2) executed between the parties. Details of the FIR are as follows:

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FIR No.	Dated	Sections	Police Station
90	18.03.2024	323, 341, 506, 148, 149 IPC;	Dera Bassi, District
		(307 and 427 IPC added later on)	SAS Nagar

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With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 10.05.2024 (Annexure P-2), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the

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SANDAL SHARMA 2024.09.25 18:25 I attest to the accuracy and authenticity of this order/judgment

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CRM-M-25591-2024 (O&M) -2-

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parties. The !"�#�#�$��%#��&#��$�� '��# vide report dated 11.09.2024 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. The petitioners have also deposited the cost of Rs.20,000/- in compliance to the order dated 29.08.2024.

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Respondent No.2 is represented by his counsel and does not oppose the compromise.

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In view of the aforesaid report of the !"�#�#�$��%#��&#�� $��, Dera Bassi and in view of the decision of the Hon'ble Supreme Court in “ Gian Singh Vs. State of Punjab and another ”, 2012(4) RCR (Criminal) 543 and “ Narinder Singh and Others Vs. State of Punjab and Another ”, (2014) 6 SCC 466 , this Court is of the opinion that no useful purpose can be served by keeping the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons. 5 . In the circumstances, the present petition is allowed. FIR No.9 0 dated 18.03.2024 under Sections 323, 341, 506, 148, 149 IPC; (307 and 427 IPC added later on) of IPC registered at Police Station Dera Bassi, District SAS Nagar (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners.

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(SANJIV BERRY) JUDGE

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18.09.2024 S.Sharma(syr)

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i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No

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SANDAL SHARMA 2024.09.25 18:25 I attest to the accuracy and authenticity of this order/judgment

Apeel @ Appeal and Others v. State of Punjab and Another

Case brief

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Apeel @ Appeal and Others v. State of Punjab and Another

Case brief

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