← Library
High Court of Punjab and HaryanaCRM-M/24670/2023allowed

Jagjeet Singh And Another v. State Of Punjab And Others

2024-02-27Mr. Justice N.S. Shekhawat2 pages

CRM-M-24670-2023 -12024:PHHC:027772

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-24670-2023 Date of decision: 27.02.2024 Jagjeet Singh and another

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE N. S. SHEKHAWAT

Present:

Mr. Impinder Singh Dhaliwal, Advocate for the petitioners.

Ms. Amrita Garg, AAG, Punjab.

Mr. Ranbir Singh Sekhon, Advocate for respondent No.2.

**** N. S. SHEKHAWAT, J. (Oral) The instant petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 136 dated 10.09.2022, registered under Sections 148, 149, 323, 324 IPC (Section 326 IPC added later on) registered at Police Station Mamdot, District Ferozepur and DDR No.33 dated 10.09.2022, registered under Sections 324, 323, 148, 149 IPC registered at Police Station Mamdot, District Ferozepur along with all subsequent proceedings arising therefrom, on the basis of compromise dated 02.05.2023 (Annexure P-3). Vide order dated 23.08.2023 while issuing notice of motion, by a Co-ordinate Bench of this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 02.05.2023 (Annexure P-3).

Pursuant to aforesaid order, the parties have appeared before the learned Judicial Magistrate 1st Class, Ferozepur and got their statements recorded. Report dated 02.11.2023 has been received whereby after recording MAMTA 2024.02.

CRM-M-24670-2023 -22024:PHHC:027772 the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence. I have heard counsel for the parties and gone through the case file. In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioners.

Resultantly, FIR No. 136 dated 10.09.2022, registered under Sections 148, 149, 323, 324 IPC (Section 326 IPC added later on) registered at Police Station Mamdot, District Ferozepur and DDR No.33 dated 10.09.2022, registered under Sections 324, 323, 148, 149 IPC registered at Police Station Mamdot, District Ferozepur alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioners. (N. S. SHEKHAWAT) 27.02.2024 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MAMTA 2024.02.29 10:30 I attest to the accuracy and integrity of this order/judgment