Kuldeep Singh And Others v. State Of Punjab And Others



    

 



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 % &' ( (&)*+"*+"# Kuldeep Singh and others ... Petitioners

Versus

State of Punjab and others

...Respondents

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Present:

Mr. I.S. Kooner, Advocate for Mr. R.S. Sangha, Advocate for the petitioners. Mr. T.P.S. Walia, AAG, Punjab.

Ms. Shruti Sharma, Advocate for respondent Nos.2 to 5.

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/+ Present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short 'BNSS'), praying for quashing of FIR No.146 dated 05.11.2024, under Sections 126, 118(1), 115(2), 190 read with Section 191(3) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'), registered at Police Station Sadar Sangrur, District Sangrur along with all consequential proceedings arising therefrom on the basis of compromise dated 08.12.2024 (P93), entered into between the parties i.e. petitioners as well as respondent Nos.2 to 5.

2.

Allegations are that the petitioners formed an unlawful assembly and in prosecution of their common object inflicted injuries to
  complainant Bhupinder Singh, his father Gulzar Singh and brother in law Balwinder Singh with their respective weapons. -1-

3.

Contends that matter has been amicably settled between the parties, i.e. petitioners as well as respondent Nos.2 to 5; hence FIR in question as well as consequential proceedings deserve to be quashed. 4.

Learned counsel for respondent Nos.2 to 5 has also acknowledged the contention raised on behalf of the petitioners. 5.

Still further, learned State Counsel, on instructions from the police officer present, is not averse in case the above FIR along with consequential proceedings are quashed and set aside on the basis of the compromise entered into between the parties i.e. petitioners well as respondent Nos.2 to 5.

6.

Heard learned counsel for the parties and perused the paperbook. 7.

This Court while issuing notice of motion on 16.01.2025, passed the following order:9 













 





 




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8.

In terms of aforesaid order, statements of both the parties were recorded and a report dated 18.02.2025 has been received from learned Judicial Magistrate First Class, Sangrur. For reference, the operative part of report reads as under:- %



 



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1.

Whether statements of parties are bona fide and not result of any pressure or coercion etc. in any manner The statements of the parties are bonafide and the not result of any pressure or coercion etc. in any manner 2.

Whether the compromise effected between the parties is genuine and valid Yes, the compromise is genuine and has been entered into by the parties voluntarily, without any pressure or coercion of any kind.

3.

Whether all the accused, complainant and injured are party to the compromise and if not, the details/particulars of such person As per the statement of IO, all the complainant/injured and accused are parties to the compromise.

4.

Whether any other case is pending against either of the parties or not, if yes, the details thereof There is no other criminal case is pending against the accused persons.

5.

Whether any of the persons involved in this case/dispute has been declared a proclaimed offender The accused persons were never declared as Proclaimed offender or proclaimed persons.

6.

Whether any of the petitioner(s) is / are previous convict or not As per the statement of IO, no other FIR registered against the accused persons.

A perusal of the aforesaid extract clearly reveals that matter has been compromised by both sides with their free consent, voluntarily and without any coercion or undue influence. Even before this Court also, there is no objection by either side against each other. 9.

Hon'ble the Supreme Court in ( .(012+.% % &'34 5/ "
 
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10.

In view of above discussion, this Court is fully convinced that the offence is entirely personal in nature and does not affect public peace or tranquility. Thus, quashing of the FIR in question along with consequential proceedings, on the basis of compromise would bring peace and harmony to secure the ends of justice.

11.

Consequently, present petition is allowed; aforesaid FIR along with all consequential proceedings resulting therefrom are quashed /  the petitioners.

Pending application(s), if any, shall also stand disposed off. *+"*+"#  .

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