Balraj Singh And Others v. State Of Punjab And Others

252/1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (through video conferencing) CRM-M-34561-2021 Decided on : 15.12.2021 Balraj Singh & ors.

...... Petitioners

Versus

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

Mr. Tarun Jhatta, Advocate for the petitioners.

Mr. Luvinder Sofat, AAG, Punjab.

Mr. Harmanpreet Sehgal, Advocate for respondents No.2 and 3.

**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 482 Cr.PC for quashing of cross version recorded vide GD/Rapat no.26 Dated 31.05.2020 under Sections 326, 323,, 324, 148 and 149 IPC in FIR No.110 dated 30.05.2020 registered under Sections 354-A, 341, 324, 323, 148, 149 and 506 IPC at Police Station Lambi, District Sri Muktsar Sahib (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise dated 23.07.2021.

Learned counsel for the petitioners submits that it is a case of version and cross-version wherein both the parties received injuries at the hands of each other. He further submits that subsequent to the registration of the FIR in question, compromise has been arrived at between the parties. Vide order dated 26.08.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on SONIA BURA 2021.12.17 10:47 I attest to the accuracy and integrity of this document chandigarh

CRM-M-34561-2021 -223.09.2021 to get their respective statements recorded regarding the compromise arrived at, between them.

Report dated 11.10.2021 has since been received from the JMIC, Malout 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 photocopies 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 private respondents are the only aggrieved persons in the DDR in question.

In view of the report of the learned JMIC, Malout 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 DDR 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. 15.12.2021 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2021.12.17 10:47 I attest to the accuracy and integrity of this document chandigarh