← Library
High Court of Punjab and HaryanaCRM-M/24906/2017allowed

Baljinder Singh And ORS v. State Of Punjab And ORS

2017-09-13Mr. Justice Hari Pal Verma4 pages

-1In the High Court of Punjab and Haryana at Chandigarh 1.

Criminal Misc. No. M-24906 of 2017 Date of Decision: 13.9.2017 Baljinder Singh and others .....Petitioners

Versus

State of Punjab and others .....Respondents 2.

Criminal Misc. No. M-24786 of 2017 Gurdev Singh and others .....Petitioners

Versus

State of Punjab and others .....Respondents CORAM: HON'BLE MR. JUSTICE HARI PAL VERMA

Present:

Mr. R.S.Marahar, Advocate for the petitioners (in CRM-M-24906-2017) and for respondents No. 2 to 7 (in CRM-M-24786-2017) Mr. Anuj, Advocate for Mr. S.S.Sandhu, Advocate for the petitioners (in CRM-M-24786-2017) and for respondents No. 2 to 6 (in CRM-M-24906-2017) Mr. Bhupender Beniwal, AAG, Punjab.

**** HARI PAL VERMA, J. (ORAL) This order shall dispose of the aforementioned two petitions filed under Section 482 Cr.P.C. as the same have arisen out of a common F.I.R. No. 99 dated 09.05.2017 under Sections 341, 324, 323, 506, 148, 149 IPC (Section 326 IPC added later on) registered at Police Station Sadar Zira, District Ferozepur (Annexure P-1).

-2The petition bearing No. CRM-M-24906 of 2017 has been filed for quashing of the aforesaid FIR and all consequential proceedings arising therefrom on the basis of compromise dated 14.6.2017 (Annexure P-2) effected between the parties.

Another petition bearing No. CRM-M-24786 of 2017 has been filed for quashing of the cross-version recorded at Police Station Sadar Zira District Ferozepur vide DDR No. 35 dated 09.5.2017 under Sections 341, 324, 323, 506, 148 and 149 IPC in the aforementioned FIR on the basis of compromise dated 14.6.2017 (Annexure P-3).

However, for convenience and clarity, facts are being taken from petition bearing No. CRM-M-24906 of 2017. This Court vide order dated July 14, 2017 had directed the parties to appear before the Illaqa Magistrate/Trial Court and the Court was directed to send its report qua the genuineness of the compromise. Pursuant to the aforesaid order, the parties have appeared before learned Sub Divisional Judicial Magistrate, Zira and have got their statements recorded. On the basis of the statements so recorded by the parties, learned Magistrate has submitted the report dated 01.9.2017 to the effect that the compromise arrived at between the parties is voluntary, with free consent and without any coercion.

The joint statement of respondents No. 2 to 6, who are also petitioners in CRM-M-24786-2017, namely Gurdev Singh, Kamalpreet Kaur, Maya Devi, Baljinder Kaur @ Jaswinder Kaur and Kashmir Singh @ Darshan Singh recorded before learned Magistrate is being reproduced as under:- "State that we have compromised with all the accused. The compromise is voluntarily, with free consent and without any

-3coercion, undue influence or fear. No accused is P.O. in the present case. There are total 6 accused in this case namely Baljinder Singh, Sukhwinder Singh, Dalip Singh @ Kuldeep Singh, Kashmir Singh, Virsa Singh, Gurbhej Singh. I have no objection if present criminal case against them is quashed." Similarly, joint statement of petitioners No. 1 to 6 who are also who are also respondents in CRM-M-24786-2017, namely Baljinder Singh, Sukhwinder Singh, Dalip Singh @ Kuldeep Singh, Kashmir Singh, Virsa Singh and Gurbhej Singh recorded before learned Magistrate is being reproduced as under:- "Stated that we have compromised with Gurdev Singh, Kamalpreet Kaur, Maya Devi, Baljinder Kaur, Kashmir Singh @ Darshan Singh. The compromise is voluntarily, with free consent and without any coercion, undue influence or fear."

Learned State counsel, on instructions from Head Constable Dilbagh Singh, has admitted the factum of compromise between the parties. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R. as well as the cross-version.

Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, both these petitions are allowed. Consequently, the F.I.R. No. 99 dated 09.05.2017 under Sections 341, 324, 323, 506, 148, 149 IPC (Section 326 IPC added later on), registered at Police Station Sadar Zira, District Ferozepur (Annexure P-1)

-4and all subsequent proceedings arising therefrom including cross-version recorded vide DDR No. 35 dated 09.5.2017 under Sections 341, 324, 323, 506, 148 and 149 IPC in the aforesaid FIR are quashed on the basis of compromise dated 14.06.2017.

Photocopy of this order be also placed on the file of other connected case.

(HARI PAL VERMA) JUDGE September 13, 2017 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No