Supreme Court – Daily Orders
Gurinder Singh vs The State Of Punjab on 8 January, 2025
Bench: J.K. Maheshwari, Aravind Kumar
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ITEM NO.18 COURT NO.7 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 7797/2024
[Arising out of impugned final judgment and order dated 30-10-2023
in CRLMM No. 38265/2018 passed by the High Court of Punjab &
Haryana at Chandigarh]
GURINDER SINGH & ORS. Petitioner(s)
VERSUS
THE STATE OF PUNJAB & ANR. Respondent(s)
Date : 08-01-2025 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI
HON'BLE MR. JUSTICE ARAVIND KUMAR
For Petitioner(s) Mr. Shakti Kanta Pattanaik, AOR
Mr. Deepak Aggarwal, Advocate, Adv.
Mr. Ronak Baid, Advocate, Adv.
Mr. Sparsh Kanta Nayak, Advocate, Adv.
For Respondent(s) Mr. Karan Sharma, AOR
Mr. Mohit Siwach, Adv.
Mr. Bhushan Mahendra Oza, AOR
Mr. Amber Dwivedi, Adv.
Mr. Kuldeep Sharma, Adv.
Mr. Himanshu Nayyar, Adv.
Ms. Lavina Tak, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. Assailing the order dated 30.10.2023 passed by the High Court
of Punjab and Haryana at Chandigarh rejecting the quash petition
filed by the petitioners under Section 482 of the Code of Criminal
Procedure for the offences under Sections 452/34, 325/24 and 427/34
Signature Not Verified
Digitally signed by
Gulshan Kumar Arora
Date: 2025.01.27
17:04:43 IST
Reason:
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of the Indian Penal Code, 1860, registered as FIR No. 20 by Police
Station Kheri Gandian, the present Special Leave Petition has been
filed.
2. During hearing, it is submitted that against respondent No. 2
and other persons, FIR No. 203 dated 24.09.2007 was lodged for the
offences under Sections 148, 323, 325, 506 and 452 of IPC by
present petitioners. The respondent No. 2 and other co-accused were
convicted by the Trial Court vide judgment dated 13.08.2014. On
filing criminal appeal Nos. 472 and 113 of 2014, the Appellate
Court vide order dated 26.11.2015 allowed the appeal qua Maninder
Singh and Ramesh Kumar and dismissed the appeal respondent No. 2
and others. Thereafter, respondent No. 2 and others preferred a
revision before the High Court against the said order dated
26.11.2015 passed in appeal.
3. On the other hand, complaint No. 12 dated 16.07.2012 came to
be filed by Shaminder Singh (original complainant-father of
respondent No. 2) against the present petitioners for offences
under Sections 345, 324, 325, 427, 506, 148 and 149 of IPC. The
Trial Court vide judgment dated 09.02.2018 convicted all the
petitioners for offence under sections 452, 325, 427 read with
section 34 of IPC. Being aggrieved, the petitioners preferred an
appeal before the Ld. Additional Sessions Judge, Patiala.
4. During the pendency of the aforesaid appeal and the revision
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filed by respondent No. 2, both the parties entered into settlement
dated 28.08.2018. However, respondent No. 2 preferred CRM-M- 39722
of 2018 (O&M) seeking quashment of FIR No. 203 and consequential
proceedings and se set aside the judgment of conviction and
sentence dated 13.08.2014 and 26.11.2015 passed in appeal. The High
Court vide order dated 28.05.2019 allowed the said petition and
granted the relief as prayed.
5. At the same time, CRM-M- No. 38265 of 2018 (O&M) preferred by
the petitioners seeking quashment of complaint No. 12 and judgment
dated 16.07.2012 of conviction came to be dismissed by the High
Court vide impugned order. In consequence, the present Special
Leave Petition has been filed.
6. Learned counsel appearing on behalf of the complainant has
fairly stated that the compromise was entered into between the
parties asking quashment of both cases pending against each other
before the High Court. In consequence, the quashment filed by the
complainant has been allowed as referred. It is stated that if
quash petition the petitioners is allowed, he is having no
objection.
7. Having considered submissions made before us, we are inclined
to dispose of the present Special Leave Petition and set aside the
order impugned passed by the High Court with directions to quash
the Criminal Complaint No. 12 and the judgment of conviction dated
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09.02.2018 of the trial court and the appeal pending, if any, shall
consign to the record.
8. In view of the foregoing, this Special Leave Petition stands
disposed of. Pending applications, if any, stand disposed of.
(GULSHAN KUMAR ARORA) (NAND KISHOR)
AR-CUM-PS COURT MASTER