Avtar Singh And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (through video conferencing) CRM-M-35844-2021 (O&M) Decided on : 10.01.2022 Avtar Singh & others ...... Petitioners

Versus

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

Ms. Gagandeep Kaur, Advocate for the petitioners.

Mr. Rehat Bir Singh Mann, DAG, Punjab.

Ms. Bhupinder Kaur, 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 FIR No.205 dated 29.05.2020 under Sections 458, 354, 323, 506, 148, 149 IPC registered at Police Station Sadar Dhuri, District Sangrur and all the consequential proceedings arising out of the same, on the basis of compromise dated 18.09.2020 (Annexure P-2) arrived at, between the parties. Learned counsel for the petitioners submits that FIR in question was got registered on account of some misunderstanding and trivial dispute between the parties. However, subsequently the parties have ironed out all their differences and amicably resolved all their disputes among themselves. Vide order dated 29.10.2021of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate to get their respective statements recorded in terms of order dated 01.09.2021, regarding the compromise arrived at, between them.

SONIA BURA 2022.01.11 10:44 I attest to the accuracy and integrity of this document chandigarh

CRM-M-35844-2021 (O&M) -2Report dated 29.1.2021 has since been received from the JMIC, Dhuri, 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 statements of the parties in original alongwith its report. Learned State counsel assisted by counsel for respondents No.2 and 3 also submits that there are no other accused other than the petitioners and respondents No.2 & 3 are the only aggrieved persons in the FIR in question. In view of the report of the learned JMIC, Dhuri 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. 10.01.

Yes/No Whether reportable :

Yes/No SONIA BURA 2022.01.11 10:44 I attest to the accuracy and integrity of this document chandigarh