Bahadur Singh And Another v. State Of Punjab And Another
-1CRM-M-27499 of 2020 241/1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-27499 of 2020 Date of decision: 14.12.2020 Bahadur Singh and another ......Petitioners vs.
State of Punjab and another ......Respondents CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL
Present:
Mr. Sunny K. Singla, Advocate, for the petitioners. Mr. H.S. Multani, AAG, Punjab.
Mr. M.S. Yadav, Advocate, for respondent No.2. DEEPAK SIBAL, J. (ORAL) Case taken up through video conferencing.
The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.10 dated 22.01.2020 registered under Sections 353, 354, 354-A, 354-B, 354-D, 506, 120-B and 34 IPC at Police Station Sandour, District Sangrur, on the basis of compromise dated 27.06.2020 (Annexure P-2).
On October 28, 2020 this Court had directed the parties to appear before the Illaqa Magistrate/Trial Court on 05.11.2020 for recording of their respective statements with regard to the compromise/settlement, who in turn was directed to submit a report along with the recorded statements with regard to the veracity of the compromise, if any, between the parties as also to apprise this Court whether the petitioners were ever declared as a proclaimed offender and if RAVINDER SINGH 2020.12.16 07:46 I attest to the accuracy and integrity of this document
-2CRM-M-27499 of 2020 is there any other case pending against them. As directed, report dated 25.11.2020 from the Judicial Magistrate Ist Class, Malerkotla, has been received as per which the parties had recorded their statements before the trial Court in terms of the compromise arrived at between them; no other case is pending against the present petitioners and also no proclamation proceedings are pending against them.
Learned State counsel has also raised no objection if the present petition is allowed.
In view of the above, continuation of the proceedings in pursuance of the afore-referred FIR, where the investigation is at the initial stage; crime is not heinous and the matter having been compromised, would be an abuse of the process of law and in terms of the law laid down by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and others, 2007 (3) RCR (Criminal), 1052, I deem it just and proper to allow the petition and resultantly quash the FIR No.10 dated 22.01.2020 registered under Sections 353, 354, 354-A, 354B, 354-D, 506, 120-B and 34 IPC at Police Station Sandour, District Sangrur, and all proceedings arising therefrom, qua the petitioners. (Deepak Sibal) December 14, 2020 Judge R.S.
Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2020.12.16 07:46 I attest to the accuracy and integrity of this document