Mandeep Singh v. State Of Punjab And Another

CRM-M-28614 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-28614 of 2019 DATE OF DECISION :- 03.09.2024 Mandeep Singh

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Pankaj Garg, Advocate for the petitioner. Mr. Anup Singh, AAG, Punjab.

None for respondent No. 2.

*** SUMEET GOEL , J.

(Oral) 1.

The substantial prayer made in the instant petition is as follows :- "It is therefore, respectfully prayed that keeping in view the above mentioned facts and circumstances, FIR No. 92 dated 24.07.2018, under Sections 363,366-A/34 of IPC, Police Station City Bhudlada, District Mansa (Annexure P-1), may kindly be quashed."

2.

Learned counsel for the petitioner has submitted that FIR in question already stands quashed qua co-accused Baljinder Kaur vide order dated 24.05.2019 passed in CRM-M-45588 of 2018 (copy whereof has been appended as Annexure P-3 with the instant petition). 3.

In this view of the matter, learned counsel for the petitioner has sought for quashing of the FIR qua the petitioner (herein) on the same grounds.

4.

Per contra, learned State counsel has opposed the plea for quashing of the FIR as also proceedings emanating therefrom on the ground PARVINDER SINGH 2024.09.04 11:26 I agree to specified portions of this document chandigarh

CRM-M-28614 of 2019 that allegations made against the petitioner are serious in nature and the same are subject matter of trial as it involves due consideration of time. However, learned counsel has very fairly conceded that the order dated 24.05.2019 passed in CRM-M-45588 of 2018 (copy whereof has been appended as Annexure P-3 with the instant petition) pertains to the same FIR and co-accused.

5.

Learned State counsel has not pointed out any major/factual difference qua the case of the petitioner with respect to the above said order dated 24.05.2019.

6.

Keeping in view the entirety of facts and circumstances of the case the instant petition is allowed. FIR No. 92 dated 24.07.2018, under Sections 363,366-A/34 of IPC, Police Station City Bhudlada, District Mansa and all consequential proceedings arising therefrom are, hereby, quashed. (SUMEET GOEL) JUDGE 03.09.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2024.09.04 11:26 I agree to specified portions of this document chandigarh