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2025 DAILYLAW 87355 (PNJ)

SUKHWINDER SINGH ALIAS JASSI v. STATE OF PUNJAB

CRM-M/35/2022 · 2025-03-27

Rajesh Bhardwaj

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Judgment text

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CRM-M-35-2022 1 380 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-35-2022 Date of decision : 27.03.2025 Sukhwinder Singh @ Jassi .....Petitioner versus State of Punjab .....Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Ms. Promila Nain, Advocate for the petitioner. Mr. Karunesh Kaushal, A.A.G., Punjab. RAJESH BHARDWAJ, J. (Oral) 1. Prayer in the present petition is for quashing of order dated 16.03.2011, declaring the petitioner as proclaimed person in FIR No.271 dated 17.08.2006 under Sections 323, 324, 148, 149 of IPC, registered at Police Station Jagraon. 2. It has been submitted by learned counsel for the petitioner that the petitioner along with co-accused, namely, Buta Singh @ Boota Singh and Harwinder Singh @ Nindi, was prosecuted in FIR No.271 dated 17.08.2006 under Sections 323, 324, 148, 149 of IPC, registered at Police Station Jagraon, during the pendency of the same, the petitioner and co-accused, namely, Buta Singh @ Boota Singh and Harwinder Singh @ Nindi, were declared as proclaimed person. Thereafter, the matter was compromised and a petition filed for quashing of the FIR by the petitioner and other co- accused, namely, Buta Singh @ Boota Singh and Harwinder Singh @ Nindi, on the basis of compromise, was allowed by this Court vide order dated 29.03.2023 passed in CRM-M-13582-2022 and the FIR was quashed. He has further stated that the orders declaring the co-accused, namely, Buta Singh @ Boota Singh and Harwinder Singh @ Nindi, as proclaimed person were also POOJA SHARMA 2025.03.28 19:11 I attest to the accuracy and integrity of this document CRM-M-35-2022 2 challenged before this Court and this Court vide orders dated 21.04.2023 passed in CRM-M-53584-2021 and CRM-M-53555-2021, quashed the said orders. He has further stated that in view of the fact that the main FIR already stands quashed, the order dated 16.03.2011, declaring the present petition as proclaimed person, is liable to be quashed as the main cause of the controversy i.e. FIR No.271 dated 17.08.2006 under Sections 323, 324, 148, 149 of IPC, registered at Police Station Jagraon, has already been quashed. 3. Learned State counsel has also admitted the above said fact with regard to the quashing of main FIR, on the basis of compromise as well as orders declaring co-accused of the petitioner, namely, Buta Singh @ Boota Singh and Harwinder Singh @ Nindi, as proclaimed person by this Court. 4. In view of the above and in view of the fact that when the main FIR has already been quashed, no purpose would be served by keeping the order dated 16.03.2011 alive and the same is, therefore quashed. ( RAJESH BHARDWAJ ) 27.03.2025 JUDGE ps-I Whether speaking/reasoned : Yes/No Whether reportable : Yes/No POOJA SHARMA 2025.03.28 19:11 I attest to the accuracy and integrity of this document