Gurbhej Singh And ANR. v. State Of Punjab And ANR.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-27146-2024 Date of Decision : 28.08.2024 Gurbhej Singh and another

...Petitioners

Versus

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

Present:

Mr. Mayank Manohar Mania, Advocate for Mr.Veneet Sharma, Advocate for the petitioners. Mr. Shiva Khurmi, AAG, Punjab.

Mr. Nitin Narula, Advocate for respondents No.2 and 3. MANJARI NEHRU KAUL, J. (ORAL) 1.

Prayer in the instant petition is for quashing of FIR No.125 dated 22.07.2023 under Sections 336, 452, 506, 148, 149 of IPC 1860, Sections 25, 27 of Arms Act, 1959 and Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station Gharinda, Amritsar Rural, District Amritsar along with all consequential proceedings arising therefrom on the basis of compromise dated 03.05.2024 (Annexure P-2).

2.

Vide order dated 27.05.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 19.07.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Chief Judicial Magistrate, Amritsar, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between the parties stands verified POONAM RATHORE 2024.08.29 14:35 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-27146-2024 (O&M ) -2and 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 has also made statement to the effect that she would have no objection if the FIR qua the accusedpetitioners is quashed. 4.

The Trial Court has annexed the copies of statements of the parties, alongwith its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioners and respondent No.2 and 3 are the only aggrieved person in the FIR in question.

6.

In view of the report of the learned Chief Judicial Magistrate, Amritsar and the principles laid down by the Hon'ble 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 qua petitioners.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) August 28, 2024 JUDGE poonam Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No POONAM RATHORE 2024.08.29 14:35 I attest to the accuracy and authenticity of this document High Court Chandigarh