Balbir Singh vs Gurdeep Singh and another

Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of the complaint No.274/1 dated 21.01.2016 (Annexure P-1) titled as

“Gurcharan Singh Versus Balbir Singh and others†under Sections 323, 506 and 452 read with Section 34 IPC pending in the Court of learned

Judicial Magistrate 1st Class, Moga and all subsequent proceedings arising therefrom.

Learned counsel for the petitioner has argued that the aforesaid complaint was filed by Gurcharan Singh son of Nand Singh. However, Gurcharan

Singh has died and now his son Gurdeep Singh (respondent No.1 herein) is pursuing the said complaint.

She further states that co-accused Nirmal Singh against him similar allegations levelled in the complaint, was initially convicted under Sections 323, 452

and 506 IPC by the trial Court vide judgment dated 11.10.2013, but on his appeal having been filed against the said judgment, learned Additional

Sessions Judge, Moga vide judgment dated 14.08.2014 accepted the appeal and acquitted him of the charges framed against him.

She has further contended that the petitioner is presently residing in Canada and the very complaint filed by the respondent is well-motivated and is

aimed at to harass him. The petitioner had also filed a petition i.e. CRM-M-35627 of 2017 titled as Balbir Singh Versus Gurdeep Singh and another

before this Court seeking quashing of the order dated 13.09.2011 passed in the complaint tiled as Gurcharan Singh Versus Balbir Singh and others,

whereby the petitioner was declared as a proclaimed offender. The aforesaid petition was disposed of by this Court vide order dated July 12, 2018

with a direction that in case the petitioner appears before the trial Court within two months from that date i.e. July 12, 2018, the trial Court shall admit

him on bail subject to furnishing of his adequate bail bonds/surety bonds to is satisfaction. Pursuant to the said order, the petitioner appeared before the

trial Court and was admitted on bail. Even co-accused Nirmal Singh has also been acquitted by learned appellate Court. Therefore, the aforesaid

complaint deserves to be dismissed.

Having heard learned counsel for the petitioner and considering the fact that the petitioner, who is a resident of Canada and has already appeared

before the trial Court coupled with the fact that co-accused Nirmal Singh has been acquitted by learned appellate Court vide judgment dated

14.08.2014, the present petition is disposed of with a direction to the trial Court to expedite the trial and to conclude the same preferably within a

period of three months from today.