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High Court of Punjab and HaryanaCRM-M/11747/2024allowed

Sukhjit Singh And Another v. State Of Punjab And Another

2024-09-24Mrs. Justice Manjari Nehru Kaul3 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 1.

CRM-M No.11747 of 2024 Date of decision: September 24th, 2024 Sukhjit Singh and another .....Petitioners

Versus

State of Punjab and another .....Respondents 2.

CRM-M No.11763 of 2024 Jagdeep Singh alias Deep Singh and another .....Petitioners

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Sandeep Kumar Bansal, Advocate for the petitioners (in CRM-M-11747-2024) for respondent No.2 (in CRM-M-11763-2024).

Mr. S.P. Soi, Advocate for the petitioners (in CRM-M-11763-2024) for respondent No.2 (in CRM-M-11747-2024).

Mr. Shiva Khurmi, Assistant Advocate General, Punjab. MANJARI NEHRU KAUL , J. (ORAL) This order shall dispose of the above-mentioned petitions as prayer in CRM-M-11747-2024 is for quashing of complaint bearing No.COMI-38-2015 dated 02.12.2015 titled as 'Jagdeep Singh alias Deep Vs. Sukhjit Singh and another' registered under Sections 323, 325, 506, 34 of the IPC along with all consequential proceedings arising therefrom including summoning order dated 23.01.2019 (Annexure P-2), whereas the petitioners in CRM-M-11763-2024, are seeking quashing of complaint bearing No.COMI-122-2013 dated 05.08.2010 titled as 'Sukhjit Singh Vs.

CRM-M Nos.11747 and 11763 of 2024 Harvinder' registered under Sections 452, 323, 324, 326, 506, 34 of the IPC along with all consequential proceedings arising therefrom including summoning order dated 13.05.2015 (Annexure P-3) and judgment of conviction and sentence dated 18.01.2018 passed by learned Judicial Magistrate 1st Class, Nakodar (Annexure P-9), on the basis of compromise arrived at between the parties. 2.

The petitioners, in both the petitions, are also seeking quashing of main version and cross-version of FIR No.158 dated 13.06.2010 under Sections 323, 324, 326, 34 of the IPC registered at Police Station Nakodar, District Jalandhar.

3.

Vide order dated 24.07.2024 passed by this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 23.08.2024 to get their statements recorded regarding the compromise arrived at, between them.

4.

Report has since been received from learned Appellate Court, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between the 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 the complainant in both the cases has also made statement to the effect that he would have no objection if the complaint/FIR qua the accused-petitioners is quashed. 5.

The Appellate Court has annexed the copies of the statements of the parties, along with its report.

CRM-M Nos.11747 and 11763 of 2024 6.

In view of the report of the learned Appellate Court, and the principles laid down by the Apex Court in Criminal Appeal No.1393 of 2011 titled as 'Ramawtar Vs. State of Madhya Pradesh' decided on 25.10.2021: LL 2021 SC 589 and this Court in Sube Singh and another Vs. State of Haryana and another: 2013(4) RCR (Criminal) 102, the instant petition is allowed. The aforesaid complaints/FIR and all consequential proceedings arising therefrom including judgment of conviction and order of sentence dated 18.01.2018 passed by leaned Sub Divisional Judicial Magistrate, Nakodar, are quashed. 8.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. September 24th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No