Parwinder Singh Alias Pamma v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-8089-2025 (O&M) Date of decision: 18.03.2025 Parwinder Singh @ Pamma ....Petitioner

Versus

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

Present:

Mr. G.S. Minhas, Advocate for the petitioner.

Mr. Rishabh Singla, AAG, Punjab.

Mr. Sumit Kalyan, Advocate for respondent No.2.

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.199 dated 22.11.2019 under Sections 323/324/341/506/148/149 of IPC (Sections 325/308 of IPC added later on) registered at Police Station Mehatpur, Jalandhar Commissionerate and all other subsequent proceedings arising therefrom in view of the compromise dated 28.01.2025.

2.

The following order was passed on 14.02.2025:- "XX XX XX XX Learned counsel for the petitioner inter alia contends that all the injuries attributed to the present petitioner are on the non-vital parts of the body i.e. fingers

of the complainant and there is no medical evidence to corroborate the commission of offence under Section 308 of IPC which was added at the time of registration of the FIR (supra) otherwise prima facie only the offence under Sections 323/324 of IPC are made out.

Notice of motion for 18.03.2025.

At this stage, on the asking of the Court, Mr. Subhash Godara, Addl.A.G., Punjab accepts notice on behalf of respondent No.1-State and Mr. Sumit Kalyan, Advocate accepts notice for respondent No.2 and files his memorandum of appearance and admits to the factum of compromise. He is directed to file his power of attorney on or before the next date of hearing. Copy of the paper book be supplied to them during the course of day. Service is complete.

In the meanwhile, the parties are directed to appear before the learned trial Court/Illaqa Magistrate within two weeks from today or any other date convenient to the trial Court/Illaqa Magistrate, to get their statements recorded regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed.

A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance." 3.

In compliance of the aforesaid order, a report 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.199 dated 22.11.2019 under Sections 323/324/341/506/148/149 of IPC (Sections 325/308 of IPC added later on) registered at Police Station Mehatpur, Jalandhar Commissionerate and all other subsequent proceedings arising out of the same are quashed, qua the petitioner. (HARPREET SINGH BRAR) JUDGE 18.03.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No