High Court of Punjab and HaryanaCRM-M/33999/2021allowed

Jatinder Singh @ Sanju And ORS v. State Of Punjab And ORS

2021-11-25Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-33999-2021 (O&M) Decided on : 25.11.2021 Jatinder Singh @ Sanju & ors.

...... Petitioners

Versus

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

Mr. Rajeev Kapila, Advocate for the petitioners.

Mr. Luvinder Sofat, AAG, Punjab.

Mr. Jasraj Singh, Advocate for respondent Nos.2 and 3.

**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.46 dated 09.04.2021 under Sections 323, 325, 354, 506 and 149 IPC registered at Police Station Sadar Hoshiarpur District Hoshiarpur and all the consequential proceedings arising out of the same, on the basis of compromise (Annexure P-2) arrived at, between the parties. Vide order dated 04.10.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 25.10.2021 to get their respective statements recorded regarding the compromise arrived at, between them.

Report dated 27.10.2021 has since been received from the Addl. CJM, Hoshiarpur 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 SONIA BURA 2021.11.29 10:41 I attest to the accuracy and integrity of this document chandigarh

CRM-M-33999-2021 -2Court has annexed the original copies of the statement of the parties alongwith its report.

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

In view of the report of the learned Addl. CJM, Hoshiarpur 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(s) is allowed. The aforesaid FIR along with all consequential proceedings arising out of them, are quashed.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 25.11.2021 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2021.11.29 10:41 I attest to the accuracy and integrity of this document chandigarh