High Court of Punjab and HaryanaCRM-M/17577/2024allowed

Sanaam Singh And Others v. State Of Punjab And Another

2024-07-09Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-17577-2024 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-17577-2024 Decided on : 09.07.2024 Sanaam Singh and others ...... Petitioners

Versus

State of Punjab & another ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present : Mr. Kamal Narula, Advocate for the petitioners.

Mr. Shiva Khurmi, AAG, Punjab.

**** Manjari Nehru Kaul, J.

The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.218 dated 28.10.2023 under Sections 452, 323, 506 and 34 IPC registered at Police Station Guruharshai, District Ferozepur and all the consequential proceedings arising out of the same, on the basis of compromise deed dated 06.02.2024 (Annexure P-2) arrived at, between the parties.

Vide order dated 09.04.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 09.05.2024 to get their statements recorded regarding the compromise arrived at, between them.

Report dated 20.05.2024 has since been received from the learned SDJM, Guruharsahai in pursuance to the direction of this SONIA BURA 2024.07.10 11:03 I attest to the accuracy and integrity of this document

CRM-M-17577-2024 -2Court. 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 photocopies of the statements of the parties along with its report. Learned State counsel, on instructions, has informed the Court that a cancellation report has been filed and it has been sent for approval of the Sr. Superintendent of Police, Ferozepur. In view of the report of the learned SDJM, Guruharsahai and the principles laid down by Hon'ble 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.

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 09.07.2024 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2024.07.10 11:03 I attest to the accuracy and integrity of this document