Pawandeep Singh & ORS. v. State Of Punjab And Another

-1In the High Court of Punjab and Haryana at Chandigarh Date of Decision: 3.7.2019 Pawandeep Singh and others ......Petitioners

Versus

State of Punjab and another ......Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. M.S.Bajwa, Advocate for the petitioners.

Mr. Rajat Bansal, AAG, Punjab.

Mr. Kanwaljeet Singh, Advocate for Mr. J.S.Mahal, Advocate for respondent No. 2.

**** HARNARESH SINGH GILL , J. (ORAL) The present petition has been filed for quashing of FIR No. 50 dated 18.9.2018 under Sections 307, 427, 148, 149 IPC and Section 25 of the Arms Act, 1959, registered at Police Station Majitha Road, District Police Commissionerate Amritsar (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise dated 18.10.2018 (Annexure P-2) arrived at between the parties. On 11.2.2019, the following order was passed by this Court:- "Through instant petition under Section 482 Cr.P.C. prayer has been made for quashing FIR No.50 dated 18.09.2018 registered under Sections 307, 427, 148 and 149 IPC and Section 25 of the Arms Act at Police Station Majitha Road, District Police Commissionerate, Amritsar, on the basis of compromise.

-2Learned counsel for the petitioners inter alia contends that offence under Section 307 IPC is not made out. Petitioners are directed to deposit 15,000/- as a precondition for recording the statements, out of which ` 13,000/- shall be deposited with the Poor Patients' Welfare Fund of the Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh and ` 2,000/- with the Bar Association, Punjab and Haryana High Court. They can also opt to deposit the aforesaid amount of ` 13,000/- with the PGIMER online through its website "www.pgimer.edu.in" and produce the receipt duly verified by their counsel. Thereafter, parties shall appear before the concerned trial Court/Illaqa Magistrate after having the receipt of amount of ` 15,000/- as above, who shall record their statements and send a report to this Court as to whether the compromise is genuine, without any pressure or undue influence and also whether any accused was declared as proclaimed offender, till the next date of hearing.

Adjourned to 29.4.2019 for consideration.

To be shown in the urgent list."

Learned counsel for the petitioners submits that order dated 11.2.2019 has been complied with by the petitioners and it has been prayed that the present FIR may be quashed. He has relied upon a decision of this Court in Gurbaksh Singh and others versus State of Punjab CRM-M36590 of 2018. The Judicial Magistrate Ist Class, Amritsar has sent his report dated 15.3.2019 wherein it is stated that in pursuance of the order of this Court, statements of the parties were recorded and compromise effected between the parties is genuine and voluntary. Since the order dated 11.2.2019 has been complied with, the matter stands compromised between the parties and statements of the

-3petitioners as well as complainant in this regard have been recorded, therefore, in view of the law laid down by the Hon'ble Supreme Court in Anita Maria Dias and another versus State of Maharashtra and another" (2018) 3 SCC 290 and by this Court in Gurbaksh Singh's case (supra), no useful purpose will be served by continuing the criminal proceedings. Accordingly, the petition is allowed and FIR No. 50 dated 18.9.2018 under Sections 307, 427, 148, 149 IPC and Section 25 of the Arms Act, 1959, registered at Police Station Majitha Road, District Police Commissionerate Amritsar (Annexure P-1) and all consequential proceedings arising therefrom, qua the petitioners, are hereby quashed. (HARNARESH SINGH GILL) JUDGE July 03, 2019 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

Yes