Allowed

Mohinderpal Singh and Others v. State of Punjab and Another

Punjab & Haryana HC10 Dec 2024CRR/278/2024

Case brief

AI extract

What is this about?

In a revision petition, the High Court condoned a delay of 88 days. Relying on reports of a voluntary compromise recorded by the trial court and citing prior precedents, the Court allowed the petition and quashed the FIR and all subsequent proceedings.

What did the court decide?

Impugned orders set aside; FIR No.142 and all subsequent proceedings under relevant IPC sections quashed.

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

¶1

In The High Court for the States of Punjab and Haryana At Chandigarh

¶2

CRM-6209-2024 in/and CRR-278-2024 (O&M) Date of Decision:- 10.12.2024

¶3

Mohinderpal Singh and others … Petitioners

¶4

Versus

¶5

State of Punjab and another ... Respondents

¶6

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

¶7

Present:Mr. Suneet Pal, Advocate for Mr. Amandeep Singh Sidhu, Advocate, for the petitioners. Mr. Prabhdeep Singh Dhaliwal, AAG, Punjab. Mr. Surendera Pant, Advocate for Mr. G.S.Swaich, Advocate, for respondent No.2.

¶8

¶9

GURVINDER SINGH GILL, J . (Oral)

¶10

CRM-6209-2024

¶11

There is a delay of 88 days in filing this revision petition.

¶12

In view of the reasons mentioned in the application, the same is allowed and delay of 88 days in filing the revision petition is condoned.

¶13

C RR-278-2024 (O&M)

¶14

The petitioners assail judgment dated 11.8.2023 passed by learned Additional Sessions Judge, Ludhiana vide which an appeal filed by the petitioners challenging their conviction and sentence dated 26.02.2018 passed by Sub-Divisional Judicial Magistrate 1^st Class,

¶15

MOHAN SINGH 2024.12.12 10:28 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

¶16

CRR-278-2024 (O&M) - 2 -

¶17

Samrala has been dismissed by learned Additional Sessions Judge, Ludhiana.

¶18

Since, the matter was stated to have been compromised, vide order dated 13.03.2024, 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.

¶19

Report of learned Chief Judicial Magistrate, Ludhiana, has been received, wherein it has been reported that the statement of petitioners/accused Mohinderpal Singh @ Harminder Pal, Narinderpal Singh and Amandeep Singh @ Aman and complainant Hardev Singh have been recorded to the effect that they have compromised the matter amongst themselves.

¶20

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

¶21

The learned Chief Judicial Magistrate, Ludhiana, has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence.

¶22

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 , and 2021(4) R.C.R. (Criminal 322 (Criminal Appeal No.1489 of 2012 decided on 29th of September, 2021 titled as Ram Gopal and another Vs. State of Madhya Pradesh , the present revision petition is allowed and

¶23

MOHAN SINGH 2024.12.12 10:28 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

¶24

CRR-278-2024 (O&M) - 3 -

¶25

impugned order dated 11.08.2023 passed by learned Additional Sessions Judge, Ludhiana and judgment dated 26.02.2018 passed by learned Sub-Divisional Judicial Magistrate, Samrala are hereby set aside and FIR No.142, dated 22.7.2012, Police Station Samrala/Sadar Khanna, Ludhiana, under Sections 323, 324, 325, 326, 201, 34 IPC, and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners.

¶26

10.12.2024		(GURVIN	DER SINGH GILL)
mohan			JUDGE
	Whether speaking /reasoned	Yes / No
	Whether Reportable	Yes / No

¶27

MOHAN SINGH 2024.12.12 10:28 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

Mohinderpal Singh and Others v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Mohinderpal Singh and Others v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajat @ Bhut Vs State of Haryana and Another

Surjit Kaur Vs State of Punjab

Dharam Singh and Another Vs State of Punjab and Another

Surjit Singh and Ors. Vs State of Punjab and Others

Jasbeer Singh Alias Jasbir Singh and Others Vs State of Punjab and Others

Mohan Bhandari Vs State of Haryana