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High Court of Punjab and HaryanaCRM-M/6533/2025allowed

Harjinder Singh And ORS v. State Of Punjab And ORS

2025-04-03Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-6533-2025 Date of decision: April 3rd, 2025 Harjinder Singh and others .....Petitioners

Versus

State of Punjab and others .....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Gurvinder Singh Aulakh, Advocate for the petitioners.

Mr. H.S. Deol, Senior Deputy Advocate General, Punjab. Mr. G.S. Sidhu, Advocate for Mr. Neeraj jain, Advocate for respondents No.2 and 3.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for quashing of FIR No.246 dated 29.12.2024 under Sections 304, 115(2), 118(1) of BNS, registered at Police Station Lambi, District Sri Muktsar Sahib along with DDR No.25 dated 16.01.2025 and all subsequent proceedings arising therefrom, on the basis of compromise dated 20.01.2025 (Annexure P-3).

2.

Vide order dated 04.02.2025 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 03.03.2025 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 PUNEET SACHDEVA 2025.04.03 14:21 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-6533-2025 -2factum 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 private respondents have also made statement to the effect that they would have no objection if the FIR qua the accused-petitioners is quashed.

4.

The trial Court has annexed the attested copies of the statements of the parties, along with its report. 5.

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.

6.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. April 3rd, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2025.04.03 14:21 I attest to the accuracy and integrity of this document Chandigarh