Abraj Sidhu @ Aarbaj Sidhu @ Roda And ORS v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 22.01.2025 ABRAJ SIDHU @ AARBAJ SIDHU @ RODA AND ORS ....Petitioners V/s STATE OF PUNJAB AND OTHERS ....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Gurpal Singh Sandhu, Advocate, for the petitioners. Mr.Ravinder Singh, AAG, Punjab.

Ms.Surbhi Yadav, Advocate for respondent Nos.2 to 5. ***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The instant petition is for quashing of FIR No.43 dated 24.03.2024 under Sections 307, 324, 323, 341, 148 and 149 of the Indian Penal Code (Section 326 of IPC added and Section 307 of IPC was deleted later on) registered at Police Station City Malout, District Sri Muktsar Sahib, and all consequential proceedings arising out of the same, on the basis of compromise dated 12.07.2024 (Annexure P-2) arrived at, between the parties.

2.

Status report by way of affidavit of Sh.Iqbal Singh, PPS Deputy Superintendent of Police, Sub Division Malout, District Sri Muktsar Sahib has been filed by learned State counsel on behalf of respondent-State in Court today. The same is taken on record subject to all

-2just exceptions. A copy thereof has been furnished to learned counsel for the petitioner.

3.

Vide order dated 09.08.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 10.09.2024 to get their statements recorded regarding the compromise arrived at, between them.

4.

Report has since been received from learned Sub Divisional Judicial Magistrate, Malout, 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 accused-petitioners is quashed.

5.

The Trial Court has annexed the attested copied of statements of the parties, alongwith its report.

6.

Learned State counsel too submits that there are no other accused other than the petitioners and respondent Nos.2 to 5 are the only aggrieved persons in the FIR in question.

7.

In view of the report of the learned Sub Divisional Judicial Magistrate, Malout and the principles laid down by Hon'ble the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303,

-3and 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. 8.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) January 22, 2025 JUDGE poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No