Sukhpreet Singh Alias Sukhi And Another v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:113709 CRM-M-19420-2023 Date of decision: August 31st, 2023 Sukhpreet Singh @ Sukhi and another .....Petitioners

Versus

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

Present:

Mr. R.S. Dhaliwal, Advocate for the petitioners.

Mr. Inderpal Singh Sabharwal, Deputy Advocate General, Punjab, for respondent No.1-State.

Mr. B.P.S. Virk, Advocate for respondents No.2 to 5.

MANJARI NEHRU KAUL, J. (ORAL) Present petition has been filed under Section 482 of Cr.P.C. seeking quashing of FIR No.06 dated 14.01.2022 registered under Sections 323, 341, 451, 506, 148 and 149 of the Indian Penal Code at Police Station Dirba, District Sangrur and all subsequent proceedings arising therefrom on the basis of compromise (Annexure P-3). Vide order dated 20.04.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate to get their statements recorded regarding the compromise arrived at, between them.

Report has since been received from learned Judicial Magistrate 1st Class, Sunam, 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 PUNEET SACHDEVA 2023.08.31 03:38 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-19420-2023 -2indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and respondents No.2 to 5 have also made statement to the effect that they would have no objection if the FIR qua the accused-petitioners is quashed. The trial Court has annexed the copies of the statements of the parties, along with its report.

Learned State counsel too submits that there are no other accused other than the petitioners and respondents No.2 to 5 are the only aggrieved person in the FIR in question. In view of the report of the learned Judicial Magistrate 1st Class, Sunam, 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.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. August 31st, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2023.08.31 03:38 I attest to the accuracy and integrity of this document.

Chandigarh