Punjab-Haryana High Court
Gulzar Singh Gill vs Ut Chandigarh And Anr on 16 October, 2012
Author: M.M.S. Bedi
Bench: M.M.S. Bedi
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH.
Cr.Misc. M 15150 of 2012
Date of decision: 16.10.2012
Gulzar Singh Gill
.. petitioner
vs
UT Chandigarh and anr
... respondent
Present Mr. GK Saini, Advocate
Mr. Preet Pal Singh, Advocate for UT
Mr. GS Kaura, Advocate for respondent No.2
M.M.S. BEDI,J.
The petitioner seeks quashing of FIR No. 478 dated 3.9.2008 u/s 193/419/420/463/471/120-B IPC registered at P.S. Sector 17, Chandigarh at the instance of Rupinder Kaur respondent No.2 alleging that the petitioner had got certain documents for registration of marriage fraudulently prepared by playing fraud with the complainant. After investigation, challan was presented against the petitioner. The matter has been compromised before the Lok Adalat. Complainant- respondent No.2 Rupinder Kaur , present the court has submitted that the matter has been compromised and that she does not want to pursue the remedy against the petitioner. I am satisfied that the matter has been amicably settled between the parties.
In view of the above, the petition is allowed, the above said FIR and all the criminal proceedings emanating therefrom are hereby quashed following the Full Bench judgment of this court in Kulwinder Singh and ors vs State of Punjab and another 2007(3) RCR (Cr.) 1052.
October 16 ,2012 ( M.M.S. BEDI )
TSM JUDGE
Cr.Misc 45512 of 2012 in
Cr.Appeal S 100 SB of 2011
Mubeen and another vs State of Haryana
Mr. Anurag Arora, Advocate for applicant- appellant Ms. Shalini Attri, DAG, Hry Applicant- appellant Mubeen seeks the concession of suspension of sentence as he has undergone sentence of imprisonment of 3 years and 4 months, which includes sentence of 1 year and 9 months after conviction, out of 10 years awarded. He along with his co-convicts had alleged robbed a truck loaded with steel.
The application has been opposed on the ground that the applicant- appellant is involved in 9 cases of theft and extortion registered at Nuh and other places. He has been tried for another 10 cases of theft and has undergone sentence in different cases during the duration from the year 2005 to 2011. He has also been acquitted in 5 criminal cases. Taking into consideration the totality of the circumstances, it will not be appropriate at this stage to express any opinion whether the applicant-appellant has been falsely implicated in a large number of cases or that he is habitual of indulging in cases of theft, extortion and robbery. Co-accused of the applicant-appellant Usman has been granted the relief of suspension of sentence of imprisonment.
The application is allowed and the sentence of imprisonment of the applicant-appellant Mubeen will remain suspended during pendency of the appeal subject to his furnishing bail bonds/ surety bonds to the satisfaction of CJM, Nuh subject to an additional condition that he will not commit the similar offence of which he is accused of. In case of any such eventuality, this order will be liable to be cancelled.
October 16 ,2012 ( M.M.S. BEDI ) TSM JUDGE