Ranjit Singh v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-37621-2022 Decided on : 06.01.2023 Ranjit Singh ...... Petitioner

Versus

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

Mr. Tanvir Singh Attariwala, Advocate for the petitioner.

Mr. Sanish Girdhar, AAG, Punjab.

Mr. Vansh Chawla, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J.

The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.307 dated 14.12.2021 under Sections 279, 337, 338, 427 IPC registered at Police Station Chheharta, District Amritsar and all the consequential proceedings arising out of the same, on the basis of compromise deed dated 28.12.2021 (Annexure P-2) arrived at, between the parties.

Vide order dated 24.08.2022 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 19.09.2022 to get their statements recorded regarding the compromise arrived at, between them. The petitioner appeared before the Court concerned on 19.09.2022 and got recorded his statement, however, the complainant could not appear on the said date. Hence, this Court vide order dated 23.11.2022 directed the complainant to appear before the trial SONIA BURA 2023.01.06 15:46 I attest to the accuracy and integrity of this document

CRM-M-37621-2022 -2Court/Illaqa Magistrate on 22.12.2022 to get his statement recorded with regard to compromise.

Report dated 23.12.2022 has since been received from the learned JMIC, Amritsar 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 alongwith its report. Learned State counsel also submits that there is no other accused other than the petitioner and respondent No.2 is the only aggrieved person in the FIR in question.

In view of the report of the learned JMIC, Amritsar 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 is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE 06.01.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.01.06 15:46 I attest to the accuracy and integrity of this document