High Court of Punjab and HaryanaCRM-M/36249/2023allowed

Kulwinder Singh And Others v. State Of Punjab And Others

2023-10-16Mr. Justice Arun Monga3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-36249 OF 2023 (O&M) DATE OF DECISION : 16.10.2023 Kulwinder Singh and others

...Petitioners

Versus

State of Punjab and others

...Respondents

AND CRM-M-36857 OF 2023 (O&M) Ramzan Mohd. And others

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM :

HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Naveen Kumar, Advocate, For the petitioners in CRM-M-36249-2023 and For respondents No.2 to 4 in CRM-M-36857-2023. Mr. Mohit Thakur, AAG, Punjab.

Mr. Imran Farooq, Advocate, For respondents No.2 and 3 in CRM-M-36249-2023 and For petitioners in CRM-M-36857-2023.

ARUN MONGA, J. (ORAL) Vide this common judgment, above-mentioned two cases are being disposed of since facts are analogues and issues raised therein are common. For brevity, recitals are taken from CRM No. M-36249 of 2023. 2.

Petitioners seek quashing of FIR No.100 dated 27.07.2019 (Annexure P-1) registered under Sections 323, 324, 506, 201 read with Section 34 of IPC at Police Station Doraha, District Khanna as well as cross-version recorded vide DDR No.41 dated 27.07.2019 (Annexure P-1) registered under Sections 323, 341, 506, read with Section 34 of IPC at Police Station Doraha, District Khanna on the basis of compromise dated 10.07.2023 (Annexure P-3), stated to have been arrived between the parties.

Since quashing was sought on the basis of compromise, this Court on 27.07.2023 had directed the parties to appear before the Illaqua Magistrate/trial Court for recording their statements in support of the compromise. A veracity report was also called for. 4.

Report dated 12.10.2023 of learned Sub Divisional Judicial Magistrate, Payal has been received which reveals that statement of complainant party i.e. respondents No.2 to 4 as also of accused/present petitioners herein, were duly recorded. It is opined that a compromise has been arrived at without any pressure, undue influence or coercion. The report is accompanied by the statements of parties. It is apparent that the complainant/respondents No.2 to 4 and accused/petitioners have arrived at a compromise voluntarily and without any coercion. 5.

Learned counsel for complainant/respondents No.2 to 4 states that he would have no objection to the quashing of FIR in question. 6.

This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a decision dated 29.09.2021 of the Supreme Court in case titled "Ramgopal and anr. V. The State of Madhya Pradesh"1 and a Full Bench decision of this Court in "Kulwinder Singh and others V. State of Punjab and others"2 . 7.

In the premise it is an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of impugned FIR.

Both the petitions are thus allowed. FIR No.100 dated 27.07.2019 (Annexure P-1) registered under Sections 323, 324, 506, 201 read with Section 34 of IPC at Police Station Doraha, District Khanna as well as cross-version 1 Crl. Appeal No.1489 of 2012 2 2007 (3) RCR (Criminal)1052

recorded vide DDR No. 41 dated 27.07.2019 and all proceedings emanating there from qua the petitioners stand quashed. 8.

Pending application(s), if any, shall also stand disposed of. 9.

Photocopy of this order be placed on the file of connected case. OCTOBER 16, 2023 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No