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High Court of Punjab and HaryanaCRM-M/3682/2021allowed

Amritpal Singh v. State Of Punjab And Another

2023-05-01Mr. Justice Tribhuvan Dahiya2 pages

CRM-M No. 3682 of 2021 -1- 2023:PHHC:062076

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CRM-M No. 3682 of 2021 Date of Decision : 1.5.2023 Amritpal Singh Bains ..... Petitioner versus State of Punjab and another ..... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. S.S. Rangi, Advocate, for the petitioner Mr. Harpreet Singh, Addl. AG, Punjab Mr. Abnash Singh, Advocate, for respondent no.2 --- TRIBHUVAN DAHIYA J. (ORAL):

This petition has been filed under section 482 Cr.P.C. for quashing of order dated 18.11.2020 (Annexure P-5) passed by the Judicial Magistrate Ist Class, SAS Nagar, whereby summons under Section 105B Cr.P.C. have been issued against the petitioner to secure his presence for completing investigation of the case FIR No. 23 dated 10.9.2020 under sections 420, 406, 498-A and 120-B IPC registered at Police Station NRI, District SAS Nagar. 2.

Learned counsel for the petitioner contends that the FIR in question already stands quashed on the basis of compromise dated 5.1.2023 entered into between the petitioner and the complainant, vide order dated 3.3.2023 passed in CRM-M No. 2656 of 2023 titled Santokh Singh Bains and others v. State of Punjab and another. Therefore, the impugned order dated 18.11.2020 issuing summons against the petitioner/accused under Section 105B Cr.P.C. is unsustainable. Once the main case/FIR No. 23 dated 10.9.2020 lodged against the petitioner already stands quashed, proceedings under Section 105B Cr.P.C. ASHWANI KUMAR 2023.05.08 19:11 I attest to the accuracy and integrity of this document

CRM-M No. 3682 of 2021 -2- 2023:PHHC:062076 against the petitioner in the same case cannot continue. 3.

Since the FIR in question, alongwith all consequential proceedings arising therefrom, has already been quashed against the petitioner vide order dated 3.3.2023, the impugned order dated 18.11.2020, issuing summons to the petitioner in the same case, will also stand quashed in terms thereof. 4.

Ordered accordingly.

5.

Disposed of.

(TRIBHUVAN DAHIYA) JUDGE 1.5.2023 Aw Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHWANI KUMAR 2023.05.08 19:11 I attest to the accuracy and integrity of this document