High Court of Punjab and HaryanaCRM-M/23521/2019allowed

Suba Singh And Another v. State Of Punjab And Another

2020-01-07Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-23521-2019 Decided on : 07.01.2020 Suba Singh and another . . . Petitioner(s)

Versus

State of Punjab and another . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. L.S. Sidhu, Advocate for the petitioner(s).

Ms. Jaspreet Kaur, Asstt. AG, Punjab.

Mr. D.S. Sidhu, Advocate for respondent No.2.

**** MANJARI NEHRU KAUL , J. (Oral) The instant petition is for quashing of FIR No. 84, dated 16.07.2018, under Sections 452, 323, 354, 34 IPC, registered at Police Station Kot Ise Khan, District Moga and the consequential proceedings arising out of the same, on the basis of written panchayati compromise dated 17th May, 2019 (Annexure P-2) arrived at, between the parties. Vide order dated 22.05.2019 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 04.07.2019 to get their statements recorded regarding the compromise arrived at, between them.

Report has since been received from the learned JMIC, Moga, in pursuance to the direction of this Court. 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 statements of the parties in original alongwith its report. JAWALA RAM 2020.01.09 12:10 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-23521-2019 - 2 - Learned State counsel too submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question.

In view of the report of the Ld. JMIC, Moga 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 petition is allowed. The aforesaid FIR 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. (MANJARI NEHRU KAUL) JUDGE January 07, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.01.09 12:10 I attest to the accuracy and authenticity of this document Chandigarh