Amrik Singh And Others v. State Of Punjab And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 18.02.2022 Amrik Singh and others ...... Petitioners

Versus

State of Punjab and another ......... Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Amardeep Singh Mann, Advocate, for the applicants/petitioners.

Mr. Sandeep Vermani, Addl. A.G., Punjab.

Mr. Ajit Singh Natt, Advocate, for respondent No.2.

***** (Through video conferencing) PANKAJ JAIN, J. (ORAL) CRM-4684-2022 This is an application for preponement of the main case which is stated to be fixed for 22.09.2022.

For the reasons mentioned in the application, the same is allowed and the main case is accordingly preponed to today itself for hearing.

The petitioners have approached this Court seeking quashing of FIR No.27 dated 20.02.2019, registered under Sections 324, 323 and 34 of the Indian Penal Code (Section 326 IPC was added later on), at Police Station Sadar Mansa, District Mansa, along with all other subsequent

-2proceeding arising therefrom, on the basis of compromise. On 28.03.2019, the following order was passed:- "This petition has been filed for quashing of FIR No.27 dated 20.02.2019 under Sections 326, 324, 323 and 34 IPC registered at Police Station Sadar Mansa, District Mansa, on the basis of compromise.

Notice of motion.

Mr. Luvinder Sofat, AAG, Punjab, accepts notice on behalf of the State of Punjab. Let two copies of the petition be supplied to him during the course of the day. Mr. Ajit Singh Natt, Advocate, puts in appearance and accepts notice on behalf of respondent No.2.

The parties are directed to appear before the trial Court/Illaqa Magistrate on 06.05.2019 for getting their statements recorded. After recording the statements of the parties, the learned trial Court/Illaqa Magistrate shall send a report to this Court regarding genuineness of the compromise between the parties well before the next date of hearing.

Adjourned to 15.07.2019."

In pursuance to the aforesaid order, report dated 06.05.2019 has been received from the Addl. Chief Judicial Magistrate, Mansa. As per which, it has been reported that:- "I have the honour to submit that in compliance of order dated 28.03.2019 passed by Hon'ble Punjab & Haryana High Court, Chandigarh in CRM-M-14164-2019 titled 'Amrik Singh and others vs. State of Punjab and another' parties appeared in the court on 06.05.2019 and

-3suffered statements regarding compromise effected between them. The compromise has been entered into voluntarily without any threat or coercion and same is genuine Report is submitted accordingly."

Learned counsel appearing for respondent No.2 admits the fact of the parties having compromised and states that he has no objection in case the aforesaid FIR along with all other subsequent proceeding arising therefrom against the petitioners are quashed. Similarly, learned State counsel has stated no objection in case the aforesaid FIR is quashed based upon the compromise deed. Keeping in view the aforesaid facts, the present petition is allowed. FIR No.27 dated 20.02.2019, registered under Sections 326, 324, 323 and 34 of the Indian Penal Code, at Police Station Sadar Mansa, District Mansa, along with all other subsequent proceeding arising therefrom, is hereby quashed.

(PANKAJ JAIN) JUDGE 18.02.2022 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No