Allowed

Amarjit Singh Alias Azad v. State of Punjab and Anr.

Punjab & Haryana HC24 Oct 2024CRM-M/5163/2024

Case brief

AI extract

What is this about?

Petition to quash FIR under Sections 419, 420, 343 and 506 IPC on the basis of a compromise between accused and complainant. The Magistrate verified the compromise was voluntary; following the Full Bench ruling in Kulwinder Singh, the Court quashed the FIR and subsequent proceedings qua the petitioner.

What did the court decide?

FIR No.01 dated 02.01.2024, Police Station Mehta, and all subsequent proceedings quashed qua petitioner.

Amarjit Singh Alias Azad Vs State of Punjab and Anr. — 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-5163-2024 (O&M) Date of Decision:- 24.10.2024

Amarjit Singh @ Azad

… Petitioner

Versus

State of Punjab and another

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... Respondents

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CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present:Mr. Balbir Singh Jaswal, Advocate, for the petitioner. Mr. Japjot Singh, AAG, Punjab. Mr. Ankit Bhardwaj, Advocate, for respondent No.2.

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GURVINDER SINGH GILL, J . (Oral)

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Petitioner-Amarjit Singh @ Azad has approached this Court seeking quashing of FIR No.01, dated 02.01.2024, Police Station Mehta, District Amritsar, Rural, under Sections 419, 420, 343, 506 IPC, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

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Vide order dated 01.02.2024, 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, Baba Bakala Sahib, has been received, wherein it has been reported that the

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MOHAN SINGH 2024.10.25 11:22 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

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CRM-M-5163-2024 (O&M) - 2 -

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statement of petitioner/accused Amarjit Singh @ Azad and complainant Amrik Singh have been recorded to the effect that they have compromised the matter amongst themselves.

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Complainant Amrik Singh in his statement had stated that he has no objection in case the FIR in question is quashed.

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The learned Sub Divisional Judicial Magistrate, Baba Bakala Sahib, has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or 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.01, dated 02.01.2024, Police Station Mehta, District Amritsar, Rural, under Sections 419, 420, 343, 506 IPC, and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioner.

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24.10.2024 mohan		(GURVIN	DER SINGH GILL) JUDGE
	Whether speaking /reasoned	Yes / No
	Whether Reportable	Yes / No

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MOHAN SINGH 2024.10.25 11:22 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

Amarjit Singh Alias Azad v. State of Punjab and Anr.

Case brief

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Amarjit Singh Alias Azad v. State of Punjab and Anr.

Case brief

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