Bahadur Singh v. State Of Punjab And Another

CRM-M-20443 of 2023 - 1 - 2023:PHHC:096033

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-20443 of 2023 Date of decision: 27.07.2023 Bahadur Singh

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. R.S. Bhatta, Advocate, for the petitioner.

Mr. Amit Rana, Sr. DAG, Punjab.

Mr.A.P. Choudhary, Advocate for respondent No.2.

**** MANJARI NEHRU KAUL, J.

1.

Instant petition has been filed under Section 482 Cr.PC for quashing the FIR No.05, dated 23.01.2023, under Sections 336, 341, 506 of IPC and Section 27 of Arms Act, 1959, registered at Police Station Bassi Pathana, District Fatehgarh Sahib (Punjab) along with all consequential proceedings arising therefrom on the basis of compromise arrived at between the parties.

2.

Vide order dated 04.05.2023 of this Court, the parties were directed to move an application before the learned trial Court/Illaqa Magistrate concerned to get their statements recorded regarding the compromise arrived at, between them.

3.

Report dated 13.07.2023 has since been received from the learned Chief Judicial Magistrate, Fatehgarh Sahib in pursuance of the direction of this Court. As per the report, compromise has indeed been SATYAWAN 2023.07.28 10:11 I attest to the accuracy and integrity of this document

CRM-M-20443 of 2023 - 2 - 2023:PHHC:096033 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 of the statements of the parties in original alongwith its report. 4.

Learned State counsel also submits that there are no other accused other than the petitioner.

4.

In view of the report of the learned Chief Judicial Magistrate, Fatehgarh Sahib 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 protest petition, summoning order, FIR and all consequential proceedings arising out of the same, are quashed qua the petitioner.

5.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 27.07.2023 (MANJARI NEHRU KAUL) Satyawan JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No SATYAWAN 2023.07.28 10:11 I attest to the accuracy and integrity of this document