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High Court of Punjab and HaryanaCRM-M/25166/2023allowed

Vishal @ Baljinder Singh @ Punjab And ORS v. State Of Punjab And Another

2023-08-09Mrs. Justice Manjari Nehru Kaul3 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 1.

2023:PHHC:102888 CRM-M-25166-2023 Date of decision: August 9th, 2023 Vishal @ Baljinder @ Punjab and others .....Petitioners

Versus

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

CRM-M-25167-2023 Rupinder Kumar @ Ravi and others .....Petitioners

Versus

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

Ms. Navjot Kaur, Advocate for Mr. A.S. Khinda, Advocate for the petitioners (in CRM-M-25166-2023) for respondents No.2 and 3 (in CRM-M-25167-2023). Mr. Paras Khindri, Advocate for the petitioners (in CRM-M-25167-2023) for respondent No.2 (in CRM-M-25166-2023).

Mr. Inderpal Singh Sabharwal, Deputy Advocate General, Punjab.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in these petitions is for quashing of FIR No.328 dated 03.10.2020 under Sections 452, 324, 323 and 34 of the IPC (Section 326 of the IPC added later on) and DDR No.24 dated 04.10.2020 under Sections 452, 323, 324 and 34 of the IPC (Section 326 of the IPC added later on) registered at Police Station Sultanpur Lodhi, District Kapurthala, along with all consequential proceedings

     arising therefrom on the basis of compromise dated 11.05.2023 (Annexure P-3).

Vide order dated 17.05.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 02.06.2023 to get their statements recorded regarding the compromise arrived at between them.

Report has since been received from learned Judicial Magistrate Ist Class, Sultanpur Lodhi, 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. The trial Court has annexed the copies of the statements of the parties along with its report.

Learned State counsel too submits that there are no other accused other than the petitioners and private respondents and it is a case of version and cross-version and all the parties have appeared and got their statements recorded.

In view of the report of the learned Judicial Magistrate Ist Class, Sultanpur Lodhi, 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, these petitions are allowed. The aforesaid FIR/DDR and all consequential proceedings arising out of it, are quashed.

      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 9th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No