Balwinder Singh v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-20827-2024 Date of Decision: 29.01.2025 BALWINDER SINGH ....Petitioner(s)

VERSUS

STATE OF PUNJAB AND ANR ....Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

None for the petitioner.

Mr. Jasdeep Singh, DAG, Punjab.

**** SANJAY VASHISTH , J. (Oral) 1.

Based upon compromise, on 29.04.2024 following order was passed:- 'The petitioner has approached this Court seeking quashing of FIR (Annexure P-1) and all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties. Notice of motion for 13.08.2024.

At this stage, Mr. S.S.Aviraj, Advocate, has put in appearance on behalf of respondent No.2 and has filed memo of appearance. The same is taken on record. Power of attorney be filed on or before the next date of hearing. The parties are directed to move an application before the trial Court/Illaqa Magistrate concerned for getting their statements recorded qua the factum of compromise. As and when any such application is moved and put up before the trial Court/Illaqa Magistrate, the trial Court/Illaqa Magistrate shall consider the said application and do the needful for recording the statements of the parties qua the factum of the compromise, on any convenient date. After SANGEETA 2025.01.31 13:08 I attest to the accuracy and integrity of this document

recording the statements of all the affected parties, and upon getting requisite information from Investigating Officer, the trial Court/Illaqa Magistrate shall submit its report on the basis of the statements so recorded, broadly on the following aspects:

(i) Whether there is any other accused other than the petitioner, arrayed in this petition.

(ii) Whether there is any other complainant or affected/aggrieved party other than the respondents, arrayed in the petition.

(iii) Whether any accused has been declared Proclaimed Offender?

(iv) Whether the compromise in question is found to be a valid compromise and has been effected without there being any kind of influence or coercion? The report be submitted before this Court on or before the next date.'

As per report dated 09.08.2024, none of the parties came forward to record statement. Even today also, there is no representation on behalf of the petitioner as well as respondent No.2. Petition is disposed of as the same being not prosecuted. However, liberty is granted to file a fresh comprehensive one by impleading all the necessary parties in case parties reach to any compromise in future.

(SANJAY VASHISTH) January 29, 2025 JUDGE Sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No SANGEETA 2025.01.31 13:08 I attest to the accuracy and integrity of this document