Allowed

Sakshit Bhandari and Anr. v. State of Punjab and Others

Punjab & Haryana HC23 Oct 2024CRM-M/38680/2024

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a petition under Section 528 BNSS to quash a General Diary entry and consequent proceedings. Relying on the Magistrate's satisfaction regarding a genuine compromise and citing Gian Singh and Kulwinder Singh, the court held the offences were not serious.

What did the court decide?

GD No.23 dated 23.10.2022 under Sections 323, 341, 201, 295-A, 506 and 34 IPC and all consequential proceedings arising therefrom are quashed.

Sakshit Bhandari and Anr. Vs State of Punjab and… — Quashing and FIR | Punjab & Haryana HC (2024)

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CRM-M-38680-2024 ��

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303

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-38680-2024 Date of decision: 23.10.2024

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SAKSHIT BHANDARI AND ANR.

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...Petitioner(s)

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VERSUS

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STATE OF PUNJAB AND OTHERS

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...Respondent(s)

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CORAM: HON'BLE MR. JUSTICE N. S. SHEKHAWAT

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Present: Mr. Sauman Singh Gill, Advocate for the petitioner(s).

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Mr. M. S. Bajwa, DAG, Punjab.

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Mr. Manbir Singh Batth, Advocate for respondents No.2 and 3.

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N. S. SHEKHAWAT, J. (Oral)

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The instant petition has been filed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for quashing/setting aside the GD No.23 dated 23.10.2022 under Sections 323, 341, 201, 295-A, 506 and 34 IPC registered at Police Station Division No.6, District Ludhiana (Annexure P-1) alongwith all the consequential proceedings arising therefrom on the basis of compromise dated 26.09.2023 (Annexure P-2).

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Vide order dated 13.08.2024 while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 26.09.2023 (Annexure P-2).

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Pursuant to aforesaid order, the parties have appeared before the Judicial Magistrate First Class, Ludhiana and got their statements recorded. Report dated 10.10.2024 has been received whereby after recording the

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MAMTA 2024.10.25 14:59 I attest to the accuracy and integrity of this order/judgment

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CRM-M-38680-2024 ��

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statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence.

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I have heard counsel for the parties and gone through the case file.

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In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioner(s).

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Resultantly, GD No.23 dated 23.10.2022 under Sections 323, 341, 201, 295-A, 506 and 34 IPC registered at Police Station Division No.6, District Ludhiana (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner(s).

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23.10.2024		(N. S. SHEKHAWAT) JUDGE
M.Sikka
	Whether speaking/reasoned	: Yes/No
	Whether reportable	: Yes/No

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MAMTA 2024.10.25 14:59 I attest to the accuracy and integrity of this order/judgment

Sakshit Bhandari and Anr. v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Sakshit Bhandari and Anr. v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

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