Degarh @ Sabeg Singh And ORS v. State Of Punjab And ANR

CRM-M-5996-2020 -12023:PHHC:087559

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-5996-2020 Decided on : 13.07.2023 Degarh @ Sabeg Singh and others ...... Petitioners

Versus

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

None for the petitioners.

Mr. Vinay Kumar Gupta, AAG, Punjab.

**** Manjari Nehru Kaul, J.

1.

The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.350 dated 23.12.2019 under Sections 323, 295-A, 341, 148 and 149 IPC registered at Police Station Islamabad, District Amritsar and all the subsequent proceedings arising out of the same, on the basis of compromise dated 18.01.2020 (Annexure P-2) arrived at, between the parties. 2.

Vide order dated 12.01.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 13.02.2023 to get their statements recorded regarding the compromise arrived at, between them. 3.

Report dated 04.03.2023 has since been received from the learned JMIC, Amritsar in pursuance of 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 of the statements of the parties alongwith its report. SONIA BURA 2023.07.14 10:52 I attest to the accuracy and integrity of this document

CRM-M-5996-2020 -22023:PHHC:087559 4.

Learned State counsel also submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question.

5.

In view of the report of the learned JMIC, Amritsar 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 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 qua the petitioners. 6.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE 13.07.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.07.14 10:52 I attest to the accuracy and integrity of this document