Nishan Singh And Others v. State Of Punjab And Another
CRM-M-33423-2024 221/2
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-33423-2024 Date of decision: 21.02.2025 NISHAN SINGH AND OTHERS
...Petitioner(s)
VERSUS
STATE OF PUNJAB AND ANOTHER
...Respondent(s)
CORAM:
HON'BLE MR. JUSTICE H. S. GREWAL
Present:
Mr. Karan Sharma, Advocate for the petitioner(s). Mr. Amandeep Singh Samra, AAG, Punjab.
Mr. Daljeet Singh Kahlon, Advocate for respondent No.2.
**** H. S. GREWAL, J. (Oral) 1.
The instant petition is for quashing of cross case DDR No.31 dated 06.05.2024 registered under sections 323, 324 and 34 IPC (Anneuxre P-1) at police Station Ghuman in main case FIR No.0061 dated 04.05.2024 under Sections 323, 324, 447, 148, 149, 325 and 326 of the Indian Penal Code registered at Police Station Ghuman, Police District Batala, and all consequential proceedings arising out of the same, on the basis of compromise dated 20.05.2024 (Annexure P-2) arrived at, between the parties. 2.
Vide order dated 17.07.2024 passed by a Co-ordinate Bench of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate to get their statements recorded regarding the compromise arrived at, between them.
MOHIT 2025.03.01 15:35 I attest to the accuracy and integrity of this order/judgment
CRM-M-33423-2024 3.
Report has since been received from learned Judicial Magistrate 1st Class-cum-Civil Judge (Junior Division), Batala, 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 between 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 she would have no objection if the FIR qua the accusedpetitioners is quashed. 4.
The Trial Court has annexed the copy of statements of the parties, alongwith 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 Sub Divisional Judicial Magistrate, Payal 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 petitioners.
7.
Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (H. S. GREWAL) 21.02.2025 JUDGE M.Sikka Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No MOHIT 2025.03.01 15:35 I attest to the accuracy and integrity of this order/judgment