Amanpreet Singh @ Aman v. State Of Punjab And Another

[ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 09.03.2023 Amanpreet Singh @ Aman ..........................................Petitioner

Versus

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

Present:

Ms. Rishma Verma, Advocate for the petitioner.

Mr. Sanish Girdhar, AAG, Punjab.

Mr. Puneet Sharma, 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 of FIR No.46 dated 21.06.2012 under Sections 447, 511, 506, 380 IPC registered at Police Station Lambran, District Jalandhar Rural (Annexure P1) along with all consequential proceedings arising therefrom and complaint titled 'Darshan Singh v. Tejinder Singh & others under Sections 447, 427, 506, 452 IPC (Annexure P2) including order dated 01.12.2015 under Section 210 Cr.P.C. (Annexure P3) on the basis of compromise dated 02.05.2021 (Annexure P4 effected between the parties.

Vide order dated 23.01.2023 of this Court, the parties were

[ 2 ] directed to appear before the learned trial Court/Illaqa Magistrate on 04.02.2023 to get their statements recorded regarding the compromise arrived at, between them.

Report has since been received from learned Judicial Magistrate, 1st Class, Jalandhar, 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 would have no objection if the FIR and criminal complaint No.7726 of 2013 qua the accusedpetitioner are quashed. The trial Court has annexed the statements of the parties in original, alongwith its report.

Learned State counsel too submits that there are no other accused other than the petitioner and respondent No.2 is the only aggrieved person in the FIR and complaint in question. In view of the report of the learned Judicial Magistrate, 1st Class, Jalandhar 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 along with aforementioned

[ 3 ] complaint and order dated 02.12.2015, 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