Allowed

Harmail Singh and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC15 Oct 2024CRM-M/8947/2024

Case brief

AI extract

What is this about?

Quashing petition under Section 482 Cr.P.C. for FIR registered for kidnapping, intimidation and arms offences, based on a compromise between the parties verified by the trial Magistrate. Citing Gian Singh and Kulwinder Singh, the court allowed the petition and quashed the FIR qua the petitioners.

What did the court decide?

FIR No. 0052 dated 23.05.2022 and all consequential proceedings quashed qua the petitioner(s).

Harmail Singh and Ors. Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2024)

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CRM-M-8947-2024��

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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-8947-2024 Date of decision: 15.10.2024

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HARMAIL SINGH AND ORS

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...Petitioner(s)

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VERSUS

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STATE OF PUNJAB AND ANR

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...Respondent(s)

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

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Present: Mr. Vipul Babuta, Advocate for Mr. Ajaypal Singh Jangu, Advocate for the petitioners.

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

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Mr. Rajeev Kumar Bagaria, Advocate for Mr. D. K. Sihag, Advocate for respondent No.2.

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N. S. SHEKHAWAT, J. (Oral)

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This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No. 0052 dated 23.05.2022 registered under Sections 365, 506, 148 and 149 of IPC and Section 25/27/54/59 of Arms Act at Police Station Bahawala, Fazilka (Annexure P-1) and subsequent proceedings arising therefrom on the basis of compromise 16.01.2024 (Annexure P-2).

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Vide order dated 10.09.2024 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 16.01.2024 (Annexure P-2).

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MAMTA 2024.10.16 17:00 I attest to the accuracy and integrity of this order/judgment

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CRM-M-8947-2024��

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Pursuant to aforesaid order, the parties have appeared before the Judicial Magistrate First Class, Abohar and got their statements recorded. Report dated 24.09.2024 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. 0052 dated 23.05.2022 registered under Sections 365, 506, 148 and 149 of IPC and Section 25/27/54/59 of Arms Act at Police Station Bahawala, Fazilka (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner(s).

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15.10.2024

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(N. S. SHEKHAWAT) JUDGE

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M.Sikka

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Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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MAMTA 2024.10.16 17:00 I attest to the accuracy and integrity of this order/judgment

Harmail Singh and Ors. v. State of Punjab and Anr.

Case brief

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Harmail Singh and Ors. v. State of Punjab and Anr.

Case brief

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