Ravinder Singh @ Ravi And ORS. v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:104596 1.

CRM-M-25861-2023 Date of decision: August 11th, 2023 Ravinder Singh @ Ravi and others .....Petitioners

Versus

State of Punjab and another .....Respondents 2.

CRM-M-27081-2023 Tarsem Singh and others .....Petitioners

Versus

State of Punjab and others .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Amit Kumar, Advocate for Mr. H.S. Maan, Advocate for the petitioners (in CRM-M-25861-2023) for respondents No.2 and 3 (in CRM-M-27081-2023). Ms. Sukhman Kaur, Advocate for the petitioners (in CRM-M-27081-2023) for respondent No.2 (in CRM-M-25861-2023).

Mr. Subhash Godara, Additional Advocate General, Punjab.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petitions is for quashing of FIR No.28 dated 28.04.2023 under Sections 325, 341, 323, 148, 149 of the IPC as well as DDR No.47 dated 28.04.2023 under Sections 458, 323, 148 and 149 of the IPC registered at Police Station Jhunir, District Mansa, along with all subsequent proceedings arising therefrom on the basis of compromise dated 08.05.2023 (Annexure P-2)

CRM-M-25861 and 27081-2023 -2Vide orders dated 19.05.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 05.07.2023 to get their statements recorded regarding the compromise arrived at, between them.

Reports have since been received from learned Judicial Magistrate Ist Class, Sardulgarh, in pursuance of the directions of this Court, wherein the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report 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 complainant in the respective case has also made statement to the effect that they would have no objection if the FIR as well as DDR qua the accused-petitioners is quashed. The trial Court has annexed the statements of the parties in original along with its report.

Learned State counsel too submits that there are no other accused other than the petitioners and private respondents are the only aggrieved person in the FIR/DDR in question. In view of the report of the learned Judicial Magistrate, Ist Class, Sardulgarh 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 petitions are allowed. The aforesaid FIR as well as DDR and all consequential proceedings arising therefrom are

CRM-M-25861 and 27081-2023 -3quashed.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below.

Copy of this order be placed on the file of connected case.

August 11th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No