Dilshand Ali And ORS v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-11692-2024 Date of decision: July 22nd, 2024 Dilshad Ali and others .....Petitioners

Versus

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

Present:

Mr. Anil Kumar Garg, Advocate for the petitioners.

Mr. Shiva Khurmi, Assistant Advocate General, Punjab. Mr. Shaml Lal, Advocate for Ms. Tania Mahajan, Advocate for respondents No.2 and 3.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the present petition under Section 482 Cr.P.C. is for quashing of FIR No.10 dated 18.01.2022 registered under Sections 452, 323, 427, 148, 149 of the IPC at Police Station Division No.7, District Police Commissionerate, Ludhiana and all subsequent proceedings arising there from on the basis of compromise (Annexure P-2).

2.

Vide order dated 06.03.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 08.04.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from the learned trial Court in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between the parties stands verified PUNEET SACHDEVA 2024.07.22 14:10 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-11692-2024 -2and 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 complainants have also made statement to the effect that they would have no objection if the FIR qua the accused-petitioners is quashed.

4.

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

5.

Learned State counsel too 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. 6.

In view of the report of the learned trial Court 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.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. July 22nd, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.07.22 14:10 I attest to the accuracy and integrity of this document Chandigarh