Gurmit Singh vs State Of Punjab And Others

Punjab-Haryana High Court

Gurmit Singh vs State Of Punjab And Others on 18 November, 2024

Author: Anoop Chitkara

Bench: Anoop Chitkara

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

                     299
                                         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

                       133            11.08.2007 Noormahal,            District 307, 323, 324, 341, 148, 149 IPC
                                                 Jalandhar

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 1 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.

authenticity of this order/judgment High Court, Sector 1, Chandigarh 2