Sajan Alias Sajan Masih And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 271 Criminal Miscellaneous No.M-57771 of 2024 Date of Decision: April 02, 2025 Sajan @ Sajan Masih & others ..... PETITIONER(S)

VERSUS

State of Punjab & others ..... RESPONDENT(S)

CORAM:

HON'BLE MR. JUSTICE H.S. GREWAL PRESENT: - Mr. G.S. Sirphikhi, Advocate, for the petitioners. Mr. Eklavya Darshi, DAG Punjab.

Mr. Vishal Sodhi, Advocate, for respondent Nos.2 and 3. H.S. GREWAL, J (Oral) The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing FIR No.61 dated 20.07.2017 under Sections 452, 323, 34 IPC registered at Police Station, Dera Baba Nanak, Police District Batala, alongwith consequential proceedings, on the basis of compromise dated 15.02.2024, Annexure P-2. 1.

This Court vide order dated 20.11.2024 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise.

3.

Pursuant to the aforesaid order, parties have appeared before the learned Additional Civil Judge (Senior Division) -cum- Sub Divisional Judicial Magistrate, Batala and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted copy of report dated 10.01.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. AVIN KUMAR 2025.04.09 09:14 I attest to the accuracy and integrity of this judgment/order.

CRM-M-57771 of 2024 [2] 4.

Learned State counsel as well as counsel for respondent Nos.2 and 3 have not disputed the factum of compromise between the parties. 5.

In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. 6.

Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh vs. State of Punjab and others, (2012) 10 SCC 303, this petition is allowed and FIR No.61 dated 20.07.2017 under Sections 452, 323, 34 IPC registered at Police Station, Dera Baba Nanak, Police District Batala, alongwith consequential proceedings on the basis of compromise dated 15.02.2024 (Annexure P-2) are quashed qua the petitioners.

(H.S. GREWAL) JUDGE April 02, 2025 avin Whether Speaking/ Reasoned:

Yes/ No Whether Reportable:

Yes/ No AVIN KUMAR 2025.04.09 09:14 I attest to the accuracy and integrity of this judgment/order.