Balwinder Singh And ANR v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-23960-2021 Date of Decision: 04.10.2021 Balwinder Singh and another ..... Petitioners

Versus

State of Punjab and others ..... Respondents CORAM: HON'BLE MR. JUSTICE SUDIP AHLUWALIA Present :

Mr. Ramnish Puri, Advocate for the Petitioners.

Mr. B.S. Sewak, Addl. Advocate General, Punjab for Respondent No.1/State.

Ms. Vijay Laxmi, Advocate for Respondents No.2 and 3.

SUDIP AHLUWALIA J. (ORAL) In this petition, the Petitioners, who are the accused persons in F.I.R No.266, dated 11.09.2020, under Sections 379-B, 323 & 34 of the Indian Penal Code, registered at Police Station Lopoke, District Amritsar, have prayed for quashing of F.I.R. with all subsequent proceedings arising therefrom, on the basis of compromise.

2.

Now, Respondents No.2 and 3 have arrived at a settlement with the accused persons vide Agreement-cum-Compromise and Affidavits (Annexures P-1 to P-3). The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. The Ld. DEEPAK KUMAR 2021.10.04 17:43 I attest to the accuracy and integrity of this document

CRM-M-23960-2021 -2Judicial Magistrate 1st Class, Ajnala, vide report dated 29.09.2021 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure.

3.

Respondents No. 2 and 3 are represented by their Counsel who does not dispute the factum of compromise.

4.

In view of the report of the Ld. Judicial Magistrate 1st Class, Ajnala, and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping with the criminal proceedings pending, since Respondents No.2 and 3 have themselves compromised the dispute with the Petitioners/ accused persons.

5.

In the circumstances, the present petition is allowed. F.I.R No.266, dated 11.09.2020, under Sections 379-B, 323 & 34 of the Indian Penal Code, registered at Police Station Lopoke, District Amritsar, and all consequential proceedings arising therefrom, are hereby quashed qua the present Petitioners.

October 04, 2021 (SUDIP AHLUWALIA) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2021.10.04 17:43 I attest to the accuracy and integrity of this document