Allowed

Noumi Dass and Other v. State of Punjab and Ors.

Punjab & Haryana HC13 Dec 2024CRM-M/37862/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR for offences under Sections 323, 324, 34 and 326 IPC on the basis of a compromise. Following a magistrate's report confirming voluntary compromise and relying on the Full Bench ruling in Kulwinder Singh, the High Court quashed the FIR and subsequent proceedings qua petitioners.

What did the court decide?

FIR No.110 dated 6.7.2023, Police Station Garhshankar, and all subsequent proceedings quashed qua petitioners.

Noumi Dass and Other Vs State of Punjab and Ors. — 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-37862-2024 (O&M) Date of Decision:-13.12.2024

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Noumi Dass and others … Petitioners

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Versus

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State of Punjab and another ... Respondents

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CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present: Mr. Manjinder Singh Saini, Advocate for the petitioners. Mr. Japjot Singh, AAG, Punjab.

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Mr. Prince Pushpinder Rana, Advocate, for respondents No.2 to 5. *****

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GURVINDER SINGH GILL, J . (Oral)

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The petitioners seek quashing of FIR No.110, dated 6.7.2023 registered at Police Station Garhshankar, District Hoshiarpur under Sections 323, 324, 34 of Indian Penal Code, wherein offence under Section 326 IPC was added later on, 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 5.8.2024, 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 Sub Divisional Judicial Magistrate, Garhshankar has been received, wherein it has been reported that joint statement of

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Pankaj Kakkar 2024.12.13 17:24 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh

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CRM-M-37862-2024 (O&M) ( 2 )

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petitioners/accused namely Naumi Dass, Neeraj Kumar, Harjit Singh, Manpreet Singh and also joint statement of respondents No.2 to 5 namely Som Lal, Harsh, Sajjan, Kamal Lal have been recorded to the effect that they have compromised the matter amongst themselves.

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Respondents No.2 to 5 namely Som Lal, Harsh, Sajjan, Kamal Lal in their statements have stated that they have no objection in case the FIR in question is quashed.

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Learned Sub Divisional Judicial Magistrate, Garhshankar 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.110, dated 6.7.2023 registered at Police Station Garhshankar, District Hoshiarpur under Sections 323, 324, 34 of Indian Penal Code, wherein offence under Section 326 IPC was added later on, and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

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13.12.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No

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Pankaj Kakkar 2024.12.13 17:24 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh

Noumi Dass and Other v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Noumi Dass and Other v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

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