Gurvir Singh And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-3856-2024 Date of decision: October 4th, 2024 Gurvir Singh and others .....Petitioners

Versus

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

Present:

Mr. Sumeet Puri, Advocate for the petitioners.

Mr. Shiva Khurmi, Assistant Advocate General, Punjab. Mr. A.K. Gupta, Advocate for respondents No.2 and 3.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for quashing of FIR No.46 dated 07.04.2023 under Sections 420, 120-B of the IPC registered at Police Station City-I, Malerkotla, along with all consequential proceedings arising therefrom on the basis of compromise (Annexure P-2).

2.

Vide order dated 05.08.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 05.09.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned trial Court, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between the parties stands verified PUNEET SACHDEVA 2024.10.04 13:19 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-3856-2024 -2and 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 qua the accusedpetitioners is quashed. 4.

The trial Court has annexed the statements of the parties in original, along with its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioners and respondent Nos.2 and 3 are the only aggrieved persons in the FIR in question. 6.

In view of the report of the learned trial Court, and the principles laid down by Hon'ble 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.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. October 4th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.10.04 13:19 I attest to the accuracy and integrity of this document Chandigarh