Jasbir Singh And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-33775-2024 Date of decision: September 18th, 2024 Jasbir Singh and others .....Petitioners

Versus

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

Present:

Mr. Nav Chahal, Advocate for Mr. Sachin Ohri, Advocate for the petitioners.

Mr. Shiva Khurmi, Assistant Advocate General, Punjab. Mr. Sachin Gupta, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for quashing of FIR No.37 dated 29.05.2019 under Sections 323, 324, 326 and 34 of the IPC registered at Police Station Bhaini Mian Khan, District Gurdaspur, on the basis of compromise dated 07.05.2024 (Annexure P-2). 2.

Vide order dated 17.07.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 20.08.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned trial Court, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report compromise has indeed been effected PUNEET SACHDEVA 2024.09.19 09:51 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-33775-2024 -2between 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 he would have no objection if the FIR qua the accusedpetitioners is quashed. 4.

The trial Court has annexed the statements of the parties in original, along with its report.

5.

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

6.

In view of the report of the learned trial Court, and the principles laid down by Hon'ble 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 is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed qua only the petitioners. 7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. September 18th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.09.19 09:51 I attest to the accuracy and integrity of this document Chandigarh