Jarmanjit Singh And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2024:PHHC:031238 CRM-M-19149-2021 (O&M) Date of decision: March 5th, 2024 Jarmanjit Singh and others .....Petitioners

Versus

State of Punjab and others .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Gagandeep Singh Bajwa, Advocate for the petitioners.

Mr. Amit Rana, Senior Deputy Advocate General, Punjab. Mr. L.S. Lakhanpal, Advocate for respondents No.2 and 3.

Mr. Prikshit Thakur, Advocate for Mr. Rahul Bhargava, Advocate for applicant (in CRM-4916-2022).

MANJARI NEHRU KAUL, J. (ORAL) CRM-4916-2022 Learned counsel for the applicant prays for withdrawal of the instant application.

Dismissed as withdrawn.

CRM-M-19149-2021 The instant petition is for quashing of FIR No.50 dated 05.03.2021 under Sections 420/120-B of the Indian Penal Code, 1860 registered at Police Station Civil Lines, Amritsar City and all the subsequent proceedings arising out of the same, on the basis of compromise dated 22.04.2021 (Annexure P-2) arrived at, between the parties.

2.

Vide order dated 22.09.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on PUNEET SACHDEVA 2024.03.05 15:07 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-19149-2021 (O&M) -204.10.2021 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned CJM, Amritsar, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. 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 and private respondents have also made statement to the effect that they would have no objection if the FIR qua the accused-petitioners is quashed.

4.

The trial Court has annexed the statements of the parties in original, along with its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioners and private respondents are the only aggrieved person in the FIR in question.

6.

In view of the report of the learned CJM, Amritsar, 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 is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. March 5th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.03.05 15:07 I attest to the accuracy and integrity of this document Chandigarh