Allowed

Amandeep Singh and Others v. State of Punjab and Ors.

Punjab & Haryana HC24 Oct 2024CRM-M/40064/2024

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 428 CrPC to quash an FIR registered under the Bharatiya Nagarik Suraksha Sanhita, 2023, noting that the offences were not of serious nature and a genuine compromise had been recorded by the trial court.

What did the court decide?

FIR No.155 dated 08.07.2024 and all subsequent proceedings quashed qua the petitioner(s).

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

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CRM-M-40064-2024 ��

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312

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-40064-2024 Date of decision: 24.10.2024

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AMANDEEP SINGH AND OTHERS

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...Petitioner(s)

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VERSUS

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STATE OF PUNJAB AND ORS

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...Respondent(s)

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

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Present: Mr. Ankit Joshi, Advocate for the petitioner(s).

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

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Mr. Ajay Singh, Advocate for respondents No.2 to 4. ****

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N. S. SHEKHAWAT, J. (Oral)

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The instant petition has been filed under Section 428 of the Code of Criminal Procedure for quashing of an FIR No.155 dated 08.07.2024 registered under Sections 109, 126(2), 115(2), 191(3) and 190 of Bharatiya Nagarik Suraksha Sanhita, 2023, at Police Station Patran, District Patiala (Annexure P-1) and all subsequent proceedings arising therefrom on the basis of compromise dated 23.07.2024 (Annexure P-2).

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Learned counsel for the parties submit that in the present case, there is no medical opinion by the Medical Board declaring the injuries “dangerous to life” and the offence under Section 307 IPC has been wrongly added. Learned counsel further contend that even the police had filed application to the Medical Officer, CHC Patra, Patiala, but no opinion was given by the doctors with regard to the nature of injuries.

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Vide order dated 20.08.2024 while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial

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MAMTA 2024.10.25 18:35 I attest to the accuracy and integrity of this order/judgment

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CRM-M-40064-2024 ��

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Magistrate for getting their statements recorded with respect to the compromise dated 23.07.2024 (Annexure P-2).

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Pursuant to aforesaid order, the parties have appeared before the Judicial Magistrate First Class, Samana and got their statements recorded. Report dated 10.09.2024 has been received whereby after recording the 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, FIR No.155 dated 08.07.2024 registered under Sections 109, 126(2), 115(2), 191(3) and 190 of Bharatiya Nagarik Suraksha Sanhita, 2023, at Police Station Patran, District Patiala (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner(s).

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		(N. S. SHEKHAWAT)
24.10.2024		JUDGE
M.Sikka
	Whether speaking/reasoned	: Yes/No
	Whether reportable	: Yes/No

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MAMTA 2024.10.25 18:35 I attest to the accuracy and integrity of this order/judgment

Amandeep Singh and Others v. State of Punjab and Ors.

Case brief

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Amandeep Singh and Others v. State of Punjab and Ors.

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