Amritpal Singh v. State Of Punjab And ORS.

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 302/2 Date of decision: October 28th, 2024 Amritpal Singh .....Petitioner

Versus

State of Punjab and others .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Abdul Aziz, Advocate for the petitioner.

Mr. Shiva Khurmi, Assistant Advocate General, Punjab. Mr. Supneet Singh, Advocate for Mr. Joginder Siwach, Advocate for respondent Nos.2(1) to (4).

MANJARI NEHRU KAUL, J. (ORAL) The instant petition is for quashing of FIR No.47 dated 01.06.2016 under Sections 279, 337, 338, 427 of the Indian Penal Code, 1860 registered at Police Station Sadar Raikot, District Ludhiana Rural and the consequential proceedings arising out of the same, on the basis of compromise (Annexure P-2) arrived at, between the parties. 2.

Vide order dated 22.02.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Judicial Magistrate Ist Class, Jagraon, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between

-2the 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 respondent Nos.2(1) and 2 (4) have also made statement to the effect that they would have no objection if the FIR qua the accused-petitioner is quashed. It has been further reported that no one had appeared on behalf of respondent No.2(2) and 2(3) to get their statements recorded. 4.

The trial Court has annexed the statements of the parties in original, along with its report.

5.

A perusal of the FIR reveals that in the occurrence in question, Gagandeep Singh (since deceased) and his wife received injuries. Since the matter has been compromised and respondent No.2(1) injured Rajdeep Kaur has suffered a statement to the effect that the matter has been compromised with the petitioner, continuation of criminal proceedings would serve no useful purpose. 6.

In view of the report of the learned Judicial Magistrate Ist Class, Jagraon, 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.

-37.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. October 28th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No