Navjot Singh v. State Of Punjab And Another

Court/Illaqa Magistrate was to submit a report in this regard giving certain details as enumerated in the said order.

3.

Initially, there were two accused persons namely Kirat Singh @ Shani Kumar and Navjot Singh. After registering of the FIR one of the accused namely Kirat Singh @ Shani Kumar was died, as per report submitted by the Court of Addl. District and Sessions Judge, Faridkot as under:- "6. In view of the above said statements got recorded by the parties, the report of the undersigned as required by the Hon'ble High Court is submitted as under:

I. As per statement of investigating officer, there were two accused persons arrayed in the FIR and their names being Navjot Singh and Kirat Singh @ Shani Kumar. Accused Kirat Singh @ Shani Kumar has died.

II. As per statement of investigating officer, there is only one complainant/victim namely Jasveer Singh son of Balkaran Singh, resident of Bajakhana.

III. As per the statement of Investigating Officer, complainant/victim Jasveer Singh and accused Navjot Singh are party to the compromise and voluntarily signed the same out of their free will.

IV. As per the statement of Investigating Officer, no other victim or accused or any other effected person has been left out in the present case. However, Kirat Singh @ Sani Kumar has since died.

Statements of the parties have been recorded voluntarily out of free will, without any coercion or duress. V. As per the statement of Investigating Officer, none of the accused has been declared proclaimed offender nor any proceedings are initiated or pending against them in the present FIR.

 VI. From the statement of the parties, as recorded in the Court, it appears that they have voluntarily compromised the matter, which is with their own will and discretion, without any pressure or coercion and the same appears to be genuine."

4.

Report has since been received from learned District and Sessions Judge, Faridkot, in pursuance to the directions of this Court wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report(s) compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the private respondents 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 statements of the parties in original, along with its report. The relevant part of the said report is reproduced herebelow:

Sr.

No.

Description 1.

Total number of persons found involved as accused in the dispute/FIR As per the report, initially, there were a total of two accused. However, one of the accused, i.e., Kirat Singh @ Shani Kumar, has expired in the meantime.

Therefore, total remaining accused is now one in number.

2.

Number of complainant/victim(s) One 3.

Whether all the accused and complainant / victims are party to compromise & signed the same Yes 4.

In case, any affected person (accused or complainant) is left out or not arrayed as party in the quashing petition before High Court, detail whereof; OR No His/her statement is still to be recorded, in compliance to the direction of this Court, details of such person -- 5.

Whether any accused has been declared as a proclaimed offender/person or any such proceedings against him/her have No

been initiated or pending adjudication 6.

Report of the Court whether compromise is genuine, voluntary, and without any coercion or undue influence Yes 7.

Any other aspect relevant to the present case.

Nil 5.

In view of the report of the learned Additional District and Sessions Judge, Faridkot, and the principles laid down by Hon'ble 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.

6.

Keeping in view the totality of the facts and circumstances of the case, including the report received by this Court and also, taking into consideration the aforementioned settled principles of law, this petition is accepted and FIR No.58, dated 12.07.2024, registered under Section 331(7), 109, 3(5), 125 of BNS and Sections 25/27/54/59 of Arms Act, at Police Station Bajakhana, Distt. Faridkot, and all the consequential proceedings arising therefrom are hereby quashed qua the petitioners, in view of compromise dated 12.11.2024 (P-3).

7.

Petition stands disposed of.

  
  



   

 



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