Davinder Singh @ Dhillon And Others v. State Of Punjab And Another
CRM-M-624-2023 [ 1 ]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRM-M-624-2023 Date of Decision: 09.03.2023 Davinder Singh @ Dhillon & others........................Petitioners
Versus
State of Punjab and another ..................................... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL ...
Present:
Mr.Sandeep Kumar, Advocate for the petitioners.
Mr. Sanish Girdhar, AAG, Punjab.
Mr. Himanshu Garg, Advocate for the complainant/respondent No.2.
...
MANJARI NEHRU KAUL, J. (Oral) Instant petition has been filed under Section 482 Cr.P.C. for quashing FIR No.75 dated 14.07.2021 under Sections 283, 506, 447, 511 IPC registered at Police Station Bholath, District Kapurthala (Annexure P1) along with all consequential proceedings arising therefrom on the basis of compromise dated 10.12.2022 (Annexure P2) effected between the parties.
Vide order dated 09.01.2023 of this Court, 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.
Report has since been received from learned Sub RUPINDER KAUR 2023.03.10 14:56 I attest to the accuracy and integrity of this document
CRM-M-624-2023 [ 2 ] Divisional Judicial Magistrate, 1st Class, Bholath, 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 report, compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the complainant has also made statement to the effect that he has entered into a compromise with the petitioners.
The trial Court has annexed photocopy of the statements of the parties, alongwith its report.
Learned State counsel too submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question.
In view of the report of the learned Judicial Magistrate, 1st Class, Bholath, 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 others v. State of Punjab and another' 2007 (3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. Needless to say, the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. ( MANJARI NEHRU KAUL) 09.03.2023 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:
Yes / No RUPINDER KAUR 2023.03.10 14:56 I attest to the accuracy and integrity of this document