High Court of Punjab and HaryanaCRM-M/20684/2021allowed

Prince And Others v. State Of Punjab And Anrs.

2021-09-09Mrs. Justice Manjari Nehru Kaul3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (through video conferencing) Decided on : 09.09.2021 CRM-M-20684-2021 (O&M) Prince & others ...... Petitioners

Versus

State of Punjab & others ...... Respondents CRM-M-22133-2021 (O&M) Parveen & others ...... Petitioners

Versus

State of Punjab & ors.

...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Sunil Agnihotri, Advocate for the petitioners in CRM-M-20684-2021.

Mr. Vishal Munjal, Advocate for the petitioners in CRM-M-22133-2021.

Mr. P.S.Walia, AAG, Punjab.

Mr. Vishal Munjal, Advocate for respondents No.2 and 3 in CRM-M-20684-2021. Mr. Sunil Agnihotri, Advocate for respondents No.2 and 3 in CRM-M-22133-2021. **** Manjari Nehru Kaul, J.(Oral) This order shall dispose of two criminal petitions bearing CRM-M-20684 and 22133-2021 as both of them have arisen out of same FIR.

CRM-M-24068-2021 has been filed under Section 482 Cr.PC for quashing of FIR No.247 dated 01.10.2020 under Sections 323, 354, 506, 34 IPC registered at Police Station Tanda, District Hoshiarpur while CRMM-22133-2021 for quashing G.D. No.62 dated 06.10.2020 under Sections 323, 324, 354, 506, 34 IPC in FIR No.247 dated 01.10.2020 and all the

CRM-M-20684-2021 (O&M) -2consequential proceedings arising out of the same, on the basis of compromise deed dated 29.03.2021 (Annexure P-2) arrived at, between the parties.

Vide order dated 06.07.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 09.08.2021 to get their statements recorded regarding the compromise arrived at, between them.

Report dated 01.09.2021 has since been received from the Judicial Magistrate Ist Class, Dasuya in pursuance to the direction of this Court. 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. The trial Court has annexed the original statements of the parties alongwith its report.

Learned State counsel also submits that it is a case of version and cross-version and parties are neighbours. He further submits that there are no other accused other than the petitioners and the respondents are the only aggrieved person in the FIR and GD in question. In view of the report of the learned JMIC, Dasuya 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(s) is allowed. The aforesaid FIR and GD along with all consequential proceedings arising out of them, are quashed.

CRM-M-20648-2021 -3Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) 09.09.2021 JUDGE sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No