High Court of Punjab and HaryanaCRM-M/8369/2023allowed

Sunny Alias Gora And Others v. State Of Punjab And Others

2023-05-12Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-8369-2023 2023:PHHC:069149

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Sr. No.246 CRM-M-8369-2023 Date of Decision: 12.05.2023 SUNNY @ GORA AND OTHERS .... Petitioners

Versus

STATE OF PUNJAB AND OTHERS ... Respondents CORAM: HON'BLE MR. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Gurmeet S. Saini, Advocate for the petitioners.

Mr. Kunal Vinayak, AAG, Punjab.

Mr. Munish Gulati, Advocate for Mr. Balraj Singh, Advocate for respondents No.2 and 3.

**** MANJARI NEHRU KAUL , J. (ORAL) 1.

The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.0416 dated 25.10.2022, under Sections 452, 323, 506, 427, 148 and 149 of IPC, registered at Police Station City Ferozepur, District Ferozepur and all the consequential proceedings arising out of the same, on the basis of compromise deed dated 04.02.2023 (Annexure P-2) arrived at, between the parties. Vide order dated 16.02.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 16.03.2023 to get their statements recorded regarding the compromise arrived at, between them. Report dated 15.04.2023 has since been received from the learned Chief Judicial Magistrate, Ferozepur 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 statements of the parties in original alongwith its report. MAMTA 2023.05.12 19:13 I attest to the accuracy and integrity of this order/judgment

CRM-M-8369-2023 2023:PHHC:069149 Learned State counsel also submits that there are no other accused other than the petitioners and respondents No.2 and 3 are the only aggrieved persons in the FIR in question.

In view of the report of the learned Chief Judicial Magistrate, Ferozepur 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. 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 12.05.2023 M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MAMTA 2023.05.12 19:13 I attest to the accuracy and integrity of this order/judgment