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1 - 5 of 5 (2.29 seconds)Gian Singh vs State Of Punjab & Anr on 24 September, 2012
6. As is evident from the record that, very direct and serious
allegations of indicated offences are assigned to the petitioner, who is
main accused. Sequelly, the question as to whether the impugned FIR
should be quashed in such a heinous offences on the basis of copy of
vague affidavit is no more res integra and is now well settled. An
identical question came to be decided by this court, on 21.8.2014 in a
case titled as "Buta Singh v. State of Punjab and another in CRM No. M-
25973 of 2014 (O&M), wherein, having relied upon the ratio of law laid
down by Hon'ble Apex Court in cases Gian Singh v. State of Punjab and
another 2012(4) RCR (Criminal) 543 and Narinder Singh & others
v.State of Punjab & another 2014(2) RCR(Criminal) 482, it was ruled
(therein) that the power u/s 482 Cr.PC cannot and indeed should not
always be exercised to quash the criminal prosecution on the basis of
compromise in such a heinous offences, having serious impact on the
society. Therefore, in that eventuality, the mere fact that petitioner-
accused has been able to procure the affidavit, copy of which is Annexure
P2) from the complainant, ipso facto, is not a ground, muchless cogent, to
quash the impugned FIR in such heinous offences, having serious impact
on the society.
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 328 in The Indian Penal Code, 1860 [Entire Act]
Buta Singh vs State Of Punjab & Anr on 21 August, 2014
6. As is evident from the record that, very direct and serious
allegations of indicated offences are assigned to the petitioner, who is
main accused. Sequelly, the question as to whether the impugned FIR
should be quashed in such a heinous offences on the basis of copy of
vague affidavit is no more res integra and is now well settled. An
identical question came to be decided by this court, on 21.8.2014 in a
case titled as "Buta Singh v. State of Punjab and another in CRM No. M-
25973 of 2014 (O&M), wherein, having relied upon the ratio of law laid
down by Hon'ble Apex Court in cases Gian Singh v. State of Punjab and
another 2012(4) RCR (Criminal) 543 and Narinder Singh & others
v.State of Punjab & another 2014(2) RCR(Criminal) 482, it was ruled
(therein) that the power u/s 482 Cr.PC cannot and indeed should not
always be exercised to quash the criminal prosecution on the basis of
compromise in such a heinous offences, having serious impact on the
society. Therefore, in that eventuality, the mere fact that petitioner-
accused has been able to procure the affidavit, copy of which is Annexure
P2) from the complainant, ipso facto, is not a ground, muchless cogent, to
quash the impugned FIR in such heinous offences, having serious impact
on the society.
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