Ajay Kumar And ORS v. State Of Punjab And ORS

[ 1 ] 286 (2 cases)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 1.

CRM-M-250-2023 Date of Decision: 09.03.2023 Ajay Kumar and others ..........................................Petitioners

Versus

State of Punjab and others ..................................... Respondents 2.

CRM-M-256-2023 Arvind Kumar Ahirwal and others........................Petitioners

Versus

State of Punjab and others ..................................... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL ...

Present:

Mr. P.S.Saini, Advocate for Mr. Arnav Sood, Advocate for the petitioners in CRM-M-250-2023 and for respondents No.2 and 3 in CRM-M-256-2023 Ms. Aman Preet, Advocate for Mr. Atul Goyal, Advocate for the petitioners in CRM-M-256-2023 and for respondents No. 2 to 4 in CRM-M-250-2023 Mr. Sanish Girdhar, AAG, Punjab.

...

MANJARI NEHRU KAUL, J. (Oral) This order shall dispose of CRM-M-250-2023 and CRM-M256-2023 as both the petitions are version and cross-version cases. Instant petitions have been filed under Section 482 Cr.P.C. for quashing of FIR No. 226 dated 17.10.2022 under Sections 323, 324, 506, 34 IPC (Section 326 IPC added later on) and DDR No. 43 dated 26.10.2022 under Sections 323, 341, 506, 34 IPC registered at Police Station Focal Point, District Police Commissionerate Ludhiana in the aforesaid FIR along with all consequential proceedings arising

[ 2 ] therefrom on the basis of compromise dated 14.11.2022 (Annexure P2) effected between the parties.

Vide orders dated 09.01.2023 of this Court passed separately in both the petitions, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 09.02.2023 to get their statements recorded regarding the compromise arrived at, between them.

Separate reports have since been received from learned Judicial Magistrate, 1st Class, Ludhiana, in pursuance of the direction of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the reports, compromise has indeed been effected between the parties and the same is without any pressure or coercion and the private respondents have also made statement to the effect that they would have no objection if the FIR/DDR qua the accused-petitioners are quashed. The trial Court has annexed the statements of the parties in original in CRM-M-250-2023 as well as in CRM-M-256-2023, alongwith its report.

Learned State counsel too submits that a compromise has been effected between the parties in both the petitions. In view of the report of the learned Judicial Magistrate, 1st Class, Ludhiana, and the principles laid down by the Apex Court in 'Gian Singh Vs. State of Punjab and others' (2012) 10 SCC 303, and also by the Full Bench of this Court in 'Kulwinder Singh and

[ 3 ] others v. State of Punjab and another' 2007 (3) RCR (Criminal) 1052, the instant petitions are allowed. The aforesaid FIR and DDR along with all consequential proceedings arising out of them, are quashed.

Needless to say, the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. Photocopy of this order be placed on the file of connected case numbered above.

( MANJARI NEHRU KAUL) 09.03.2023 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:

Yes / No