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High Court of Punjab and HaryanaCRM-M/6467/2025allowed

Gurwinder Singh Alias Ginda And Others v. State Of Punjab And Others

2025-04-29Mr. Justice Harpreet Singh Brar3 pages

 

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-6467-2025 Date of decision: 29.04.2025 Gurwinder Singh @ Ginda and others ....Petitioners

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Ms. Meenu, Advocate for the petitioners (through V.C.).

Mr. Nitesh Sharma, DAG, Punjab.

Mr. Ajay Pal Singh Bhullar, Advocate for respondents No.2 to 6.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No.186 dated 19.08.2023 registered under Sections 341/323/148/149 IPC (Section 201 IPC added later on) at Police Station Dharamkot, District Moga, and all other subsequent proceedings arising therefrom in view of the compromise dated 17.12.2024 (Annexure P-3) 2.

The following order was passed on 04.02.2025:- "Prayer is for quashing of FIR No.186 dated 19.8.2023 registered under Sections 341, 323, 148, 149, 201 IPC at Police Station Dharamkot, District Moga on the basis of compromise. Notice of motion.

At this stage, Mr. APS Bhullar, Advocate, accepts notice on behalf of the complainant/respondents No.2 to 6. He admitted the correctness of compromise and stated that he has no objection if this petition is allowed.

 On the asking of this Court, Mr. Jasjeet Singh Dhaliwal, AAG, Punjab accepts notice on behalf of the State. He does not wish to file any reply as the parties are stated to have effected the compromise.

So, the parties are directed to appear before the learned trial court/Illaqa Magistrate on 7.3.2025 or any other date convenient to the trial Court/Illaqa Magistrate and to get record their statements regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate, is directed to send the same along with his report regarding the genuineness of compromise on or before the date fixed in the instant petition specifically with regard to the following facts:-

1. Number of persons arrayed as accused in the FIR.

2. Whether any accused is proclaimed offender.

3. Stage of the trial/proceedings.

4. Whether the compromise is genuine, voluntary and without any coercion or undue influence.

To come up on 29.4.2025 for awaiting the report. A copy of this order be sent to the learned trial Court/Illaqa Magistrate, through electronic mode, for compliance."

3.

In compliance of the aforesaid order, a report dated 19.03.2025 has been received from the concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from anyone.

4.

In view of the compromise and the ratio of law laid down by the Hon'ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466 and Shakuntala Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this

  petition is allowed and FIR No.186 dated 19.08.2023 registered under Sections 341/323/148/149 IPC (Section 201 IPC added later on) at Police Station Dharamkot, District Moga and all other subsequent proceedings arising out of the same are quashed, qua the petitioners. (HARPREET SINGH BRAR) JUDGE 29.04.2025 sonia Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No