Manjit Singh v. State Of Punjab And Another

CRM-M-13620-2023 -12023:PHHC:127937

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-13620-2023 Decided on : 03.10.2023 Manjit Singh ...... Petitioner

Versus

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

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

Mr. Pankaj Khullar, AAG, Punjab.

Ms. Nidhi Bansal, Advocate for respondents No.2.

**** Manjari Nehru Kaul, J.

1.

The instant petition has been filed under Section 482 Cr.PC for quashing of Crl. Complaint No.558 dated 19.12.2014 titled as 'Balkar Singh vs. Manjit Singh' under Section 3 of SC and St (Prevention of Atrocities) Act, 1989 registered at Police Station Adampur, District Jalandhar and all the subsequent proceedings arising out of the same, on the basis of compromise dated 23.01.2023 (Annexure P-2) arrived at, between the parties. 2.

Vide order dated 20.07.2023 of this Court, the parties were directed to appear before the learned trial Court on 31.08.2023 to get their statements recorded regarding the compromise arrived at, between them. 3.

Report dated 04.08.2023 has since been received from the learned Addl. Sessions Judge, Jalandhar in pursuance of the direction of this Court. As SONIA BURA 2023.10.04 11:01 I attest to the accuracy and integrity of this document

CRM-M-13620-2023 -22023:PHHC:127937 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. The trial Court has annexed the photocopies of the statements of the parties alongwith its report.

4.

Learned State counsel also submits that there is no other accused other than the petitioner and respondent No.2 is the only aggrieved person in the FIR in question.

5.

In view of the report of the learned Addl. Sessions Judge, Jalandhar 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 petitioner. 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 03.10.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.10.04 11:01 I attest to the accuracy and integrity of this document