Jaskirat Singh And ORS. v. State Of Punjab And Another

CRM-M-7317-2024
























IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-7317-2024 Date of decision: 18.11.2024 JASKIRAT SINGH AND ORS.

...Petitioner(s)

VERSUS

STATE OF PUNJAB AND ANOTHER

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE N. S. SHEKHAWAT

Present:

Mr. Amarjeet Singh, Advocate for the petitioner(s).

Mr. M. S. Bajwa, DAG, Punjab.

Mr. Gursewak Singh, Advocate for respondents No.2 and 3.

**** N. S. SHEKHAWAT, J. (Oral) Learned counsel for the petitioners submits that due to some typographical error, the date of DDR No.29 dated 24.03.2022 registered at Police Station City Malout, District Shri Muktsar (Annexure P-2), has been wrongly mentioned as 24.03.2022, whereas the correct date of DDR is 24.03.2023. He is permitted to carryout the necessary correction in the Court today itself.

The instant petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.242 dated 10.09.2022, under Sections 346, 365 and 34 of IPC (Annexure P-1), and Section 34 IPC deleted and Section 120-B was added later on vide DDR No.29 dated 24.03.2023 registered at Police Station City Malout, District Shri Muktsar (Annexure P-2),

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and all other subsequent proceedings arising therefrom on the basis of the compromise dated 24.01.2024 (Annexure P-3).

Vide order dated 12.02.2024 while issuing notice of motion, by a Co-ordinate Bench of this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 16.08.2024 (Annexure P-2). Pursuant to aforesaid order, the parties have appeared before the 11.10.2024 and got their statements recorded. Report dated Sub Divisional Judicial Magistrate, Malout has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence. I have heard counsel for the parties and gone through the case file.

In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioner(s).

Resultantly, FIR No.242 dated 10.09.2022, under Sections 346, 365 and 34 of IPC (Annexure P-1), and Section 34 IPC deleted and Section 120-B was added later on vide DDR No.29 dated 24.03.2023 registered at Police Station City Malout, District Shri Muktsar (Annexure P-2), alongwith all

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consequential proceedings arising therefrom are hereby quashed qua the petitioner(s).

(N. S. SHEKHAWAT) 18.11.2024 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No