Nirbhay Singh And ORS v. State Of Punjab And Another

CRM-M-3807-2023 -12023:PHHC:057581

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-3807-2023 Decided on : 24.04.2023 Nirbhay Singh & others ...... Petitioners

Versus

State of Punjab & another ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Ms. Pranjili Garg, Advocate Mr. L.S.Dandiwal, Advocate for the petitioners.

Mr. Amit Rana, Sr. DAG, Punjab.

Mr. Kuldeep Singh Siwach, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J.

1.

The instant petition has been filed under Section 482 Cr.PC for quashing of Complaint case dated 22.12.2016 under Sections 430, 427, 506, 148, 149, 120-B IPC pending in the Court of SDJM, Sardulgarh along with all subsequent proceedings arising therefrom.

2.

Vide order dated 24.01.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 30.01.2023 to get their statements recorded regarding the compromise arrived at, between them. 3.

Report dated 16.02.2023 has since been received from the learned SDJM, Sardulgarh in pursuance of the direction of this Court. As per the report, compromise has indeed been effected between the parties and the same is SONIA BURA 2023.04.24 19:09 I attest to the accuracy and integrity of this document

CRM-M-3807-2023 -22023:PHHC:057581 without any pressure or coercion and out of their free will. The trial Court has annexed the statements of the parties in original alongwith its report. 5.

Learned State counsel also 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.

6.

In view of the report of the learned SDJM, Sardulgarh 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 Vs. 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 qua the petitioners. 7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE 24.04.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.04.24 19:09 I attest to the accuracy and integrity of this document