High Court of Punjab and HaryanaCRM-M/5172/2021allowed

Sawinder Singh @ Shinder Singh And ORS v. State Of Punjab And ORS

2021-11-10Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-5172-2021 (O&M) Decided on : 10.11.2021 Sawinder Singh @ Shinder Singh & ors.

...... Petitioners

Versus

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

Mr. Amit Arora, Advocate for the petitioners.

Mr. Luvinder Sofat, AAG, Punjab.

**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.177 dated 24.09.2019 under Sections 323, 324, 326, 354, 506, 148 and 149 IPC registered at Police Station Goindwal Sahib, District Tarn Taran and all the consequential proceedings arising out of the same, on the basis of compromise (Annexure P-2) arrived at, between the parties.

Vide order dated 10.09.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 11.10.2021 to get their respective statements recorded regarding the compromise arrived at, between them.

Report dated 03.11.2021 has since been received from the SDJM, Khadur Sahib in pursuance to the direction of this Court. 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. The trial Court has annexed the photocopies copies of the statement of the parties alongwith its report.

SONIA BURA 2021.11.12 13:59 I attest to the accuracy and integrity of this document chandigarh

CRM-M-5172-2021 -2Learned State counsel also submits that there are no other accused other than the petitioners and the respondents are the only aggrieved person in the FIR in question.

In view of the report of the learned SDJM, Khadur Sahib and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and in Ramgopal and another versus State of Madhya Pradesh, Crl. Appeal No.1489 of 2012 (Decided on 29.09.2021), the instant petition is allowed. The aforesaid FIR along with all consequential proceedings arising out of them, are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 10.11.2021 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2021.11.12 13:59 I attest to the accuracy and integrity of this document chandigarh