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Documents citing Kulwinder Pal Singh Etc vs State Of Punjab & Ors on 12 May, 2016

Sonu Kumar And Ors vs State Of Haryana And Others on 20 April, 2023

In all eventualities once the parties have entered into a compromise, wherein the trial is at the initial stage as no witness so far has been examined by the prosecution, the accused are in all probabilities likely to be acquitted and the whole trial proceedings, if allowed to continue will be a futile exercise, as has been held by this Court in Kulwinder Singh and others versus State of Punjab, 2007(3) RCR (Criminal) 1052,the power under Section 482 Cr.P.C., is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Court. Though, the powers vested therein are unfattered but shall be exercised 7 of 8 ::: Downloaded on - 25-04-2023 23:34:05 ::: Neutral Citation No:=2023:PHHC:055926 2023:PHHC:055926 CRM-M-13641-2023 8 sparingly with utmost care and caution since the Court is a vital and an extra- ordinary effective instrument to maintain and control social order.
Punjab-Haryana High Court Cites 17 - Cited by 0 - S Moudgil - Full Document

Kamaldeep Singh @ Kanwaldeep Singh And ... vs State Of Punjab And Another on 27 April, 2023

In all eventualities once the parties have entered into a compromise, wherein the trial is at the initial stage as no witness so far has been examined by the prosecution, the accused are in all probabilities likely to be acquitted and the whole trial proceedings, if allowed to continue will be a futile exercise, as has been held by this Court in 'Kulwinder Singh and others versus State of Punjab', 2007(3) RCR (Criminal) 1052, the power under Section 482 Cr.P.C., is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Court. Though, the powers vested therein are unfattered but shall be exercised sparingly with utmost care and caution since the Court is a vital and an extra- ordinary effective instrument to maintain and control social order.
Punjab-Haryana High Court Cites 12 - Cited by 0 - S Moudgil - Full Document

Jaibir And Others vs State Of Haryana And Another on 27 April, 2023

11. A perusal of the aforesaid report would show that the parties have effected a genuine compromise without there being any pressure, coercion or undue influence. The compromise in question is also found to be fully in consonance with the direction issued by the Court in "Kulwinder Singh & Ors. Vs. State of Punjab 2007(3) RCR (Criminal) 1052 and Gian Singh Vs. State of Punjab & Anr., 2012(4) RCR (Crl.)
Punjab-Haryana High Court Cites 20 - Cited by 0 - Full Document

Balwinder Singh And Others vs State Of Punjab And Another on 17 February, 2023

and the court is guided solely and squarely thereby, while, on the other hand, the formation of opinion by the High Court for quashing a criminal proceedings or criminal complaint under Section 482 Cr.P.C. is guided by the material on record as to whether ends of justice would justify such exercise of power, although ultimate consequence may be acquittal or dismissal of indictment. However, in the subsequent decision in the case of Narinder Singh (supra), the very Bench ultimately concluded in paragraph 29 as under:
Punjab-Haryana High Court Cites 16 - Cited by 0 - Full Document

Ram Mehar vs State Of Haryana And Another on 22 February, 2023

In view of the report of Judicial Magistrate First Class, Karnal the compromise (Annexure P-2) and the principles laid down in conspectus of aforesaid judicial precedents, no useful purpose would be served by continuing the proceedings. Therefore, this petition is allowed and FIR No. 241, dated 05.04.2017 registered under Section 420 of Indian Penal Code and Section 63 of Copy Right Act, 1957 (Sections 64, 65 of Copy Right Act, 1957 and 103, 104 of Trade Mark Act, 1999 added later on) at Police Station Civil Lines, Karnal, District Karnal (P-1) on the basis of compromise and all consequential proceedings arising therefrom are hereby quashed, qua the petitioner.
Punjab-Haryana High Court Cites 10 - Cited by 0 - Full Document
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