Gurmit Singh v. State Of Punjab And Others

CRM-M-56033-2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-56033-2024 (O&M) Date of Decision: 18.11.2024 Gurmit Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mrs. R.K. Grewal, Advocate for the petitioner.

Mr. Jasjit Singh, D.A.G., Punjab.

Mr. Rajeev Singh Brar, Advocate for respondents No.2 and 3.

**** ANOOP CHITKARA, J.

CRM-45468-2024 This is an application to place on record the amended petition. In view of the contents and prayer clause of the application, the same is allowed. Amended petition is taken on record. Main case FIR No. Dated Police Station Sections 11.08.2007 Noormahal, District Jalandhar 307, 323, 324, 341, 148, 149 IPC 1.

The petitioner who is a convict in this case for the commission of above captioned offences and his appeal against conviction is pending in this Court, instead of filing an application for setting aside of conviction on the basis of compromise and acceptance of compromise u/s 528 BNSS, 2023 in the said appeal, has filed separate quashing petition. 2.

Needless to say that Section 307 IPC is not compoundable and to exercise jurisdiction of this Court under Section 482 CrPC r/w 528 BNSS, 2023, the burden is on the applicant to prove such invocation. Further, once an appeal against conviction is Jyoti Sharma 2024.11.22 18:00 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRM-M-56033-2024 (O&M) pending, the legal remedy is to file application in the said appeal and not a separate quashing petition.

3.

Given above, the present petition is dismissed. Liberty reserved to the petitioner to file an application u/s 528 BNSS, 2023 in the said appeal. All pending applications, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 18.11.2024 Jyoti Sharma Whether speaking/reasoned: Yes Whether reportable:

NO.

Jyoti Sharma 2024.11.22 18:00 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh