Jagbir Singh @ Jaggi And ORS v. State Of Punjab And Another

CRM-M-13344-2021 -12023:PHHC:089824

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-13344-2021 Decided on : 18.07.2023 Jagbir Singh @ Jagga Singh and others ...... Petitioners

Versus

State of Punjab & another ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Angel Walia, Advocate for the petitioners.

Mr. Vinay Kumar Gupta, AAG, Punjab.

Mr. Sourabh Arora, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J.

1.

The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.88 dated 23.04.2020 under Sections 336, 188, 270, 506 IPC and Section 25 and 27 of Arms Act and Section 3 and 4 of Noise Pollution (Regulation and Control) Rules, 2000 registered at Police Station Kamboj, District Amritsar and all the subsequent proceedings arising out of the same, on the basis of compromise dated 15.09.2020 (Annexure P-2) arrived at, between the parties.

2.

Vide order dated 23.09.2022 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 23.11.2022 to get their statements recorded regarding the compromise arrived at, between them. 3.

Report dated 27.01.2023 has since been received from the learned JMIC, Amritsar in pursuance of the direction of this Court. As per the report, SONIA BURA 2023.07.18 17:30 I attest to the accuracy and integrity of this document

CRM-M-13344-2021 -22023:PHHC:089824 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 photocopies of the statements of the parties alongwith its report. 4.

Learned State counsel also submits that there were six accused in the FIR in question and accused-petitioner No.6-Gurpinder Singh has already expired on 15.04.2022. Respondent No.2 is the only aggrieved person in the FIR in question.

5.

In view of the report of the learned JMIC, Amritsar 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 qua the petitioners. 6.

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 18.07.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.07.18 17:30 I attest to the accuracy and integrity of this document