Mohinder Singh v. State Of Punjab




   
  



 Date of decision: 27th July, 2015 Mohinder Singh

Petitioner

Versus

State of Punjab and others

Respondents      !

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  "
 1.

Whether Reporters of Local Newspapers may be allowed to see the judgment?

2.

Whether to be referred to the Reporters or not? 3.

Whether the judgment should be reported in the Digest?

Present:

Mr. Pardeep Bajaj, Advocate for the petitioner.

Ms. Harpreet Kaur, Dy. Advocate General, Punjab for the respondent.

Mr. Vikram Bali, Advocate for respondents No.2 and 3.

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# Petitioner Mohinder Singh was found guilty and convicted under Section 420 IPC by the trial Court of learned Addl. Chief Judicial Magistrate, Fatehgarh Sahib through judgment and order dated 08.02.2012 and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of
5,000 and in default to undergo further rigorous imprisonment for six months, and which findings were

 

 affirmed by the lower appellate Court of learned Additional Sessions Judge, Fatehgarh Sahib vide judgment dated 17.11.2014. During the pendency of instant revision petition, a request was made seeking quashment of the FIR and all consequent proceedings including judgment of conviction on the basis of a compromise arrived at between the parties, whereupon report of the Court below was called for.

Report dated 29.06.2015 of learned Additional Chief Judicial Magistrate, Fatehgarh Sahib has been received whereby after recording statements of complainants Sukhdev Singh and Surinder Singh as well as that of the accused namely Mohinder Singh, the Court has shown its satisfaction that the compromise has been arrived at voluntarily, out of free will of the parties, without any undue influence, coercion or pressure.

In the light of the satisfaction shown by the Court, the fact that the offences for which the accused has been hauled up are not of serious nature, together with the fact that compromise will go a long way in ironing out differences for betterment of future life of the parties and in view of the law laid down by a Division Bench of this Court in $"%&'"()*+,)-,).+'/0".,.',/1,),,)-,).+'/  2 3

 2/(4(),53 and by the Hon'ble Apex Court in  2 3"  titled as $(,) "()*+ 0 ".,.'  %)6,& ,)- ,).+'/ and 

23"  titled as $,/()-'/"()*+,)-.+'/70".,.'

%)6,& ,)- ,).+'/ , FIR No.133 dated 29.06.2001 registered at

 

 Police Station Sirhind under Sections 406/420 IPC and judgment of conviction dated 08.02.2012 of learned Addl. Chief Judicial Magistrate, Fatehgarh Sahib and the judgment passed by the appellate Court of learned Additional Sessions Judge, Fatehgarh Sahib dated 17.11.2014 qua the present petitioner along with all consequences arising thereof are hereby quashed.  The revision petition stands disposed off in those terms.  "
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