Gurmail Singh v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-25251-2024 Date of decision: July 10th, 2024 Gurmail Singh .....Petitioner

Versus

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

Present:

Mr. A.S. Barnala, Advocate for the petitioner.

Mr. Shiva Khurmi, Assistant Advocate General, Punjab. Mr. S.K. Banga, Advocate for Mr. Surinder Singh, Advocate for respondent Nos.2 and 3.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for quashing of FIR No.88 dated 24.04.2024 under Sections 406 and 420 of the IPC registered at Police Station Balongi, District SAS Nagar (Mohali), along with all consequential proceedings arising therefrom on the basis of compromise dated 10.05.2024 (Annexure P-2).

2.

Vide order dated 18.05.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 05.06.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned trial Court 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 PUNEET SACHDEVA 2024.07.10 15:23 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-25251-2024 -2between the parties and the same is without any pressure or coercion and out of their free will and the private respondents have also made statement to the effect that they would have no objection if the FIR qua the accused-petitioner is quashed.

4.

The trial Court has annexed the statements of the parties in original, along with its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioner and private respondents are the only aggrieved person in the FIR in question.

6.

In view of the report of the learned trial Court and the principles laid down by Hon'ble 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.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. July 10th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.07.10 15:23 I attest to the accuracy and integrity of this document Chandigarh