Mandeep Singh @ Bunty v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:117412 CRM-M-36566-2023 Date of decision: September 6th, 2023 Mandeep Singh @ Bunty .....Petitioner

Versus

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

Present:

Mr. Dhiraj Jindal, Advocate for the petitioner.

Mr. Inderpal Singh Sabharwal, Deputy Advocate General, Punjab.

Mr. Sarvjeet Singh Thakur, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) The petitioner in the instant petition filed under Section 482 Cr.P.C. is seeking quashing of FIR No.40 dated 02.03.2023 (Annexure P-1) under Sections 308, 323, 294 IPC pertaining to Police Station Lehra, District Sangrur, along with all subsequent proceedings arising therefrom.

Vide order dated 28.07.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 16.08.2023 to get their statements recorded regarding the compromise arrived at, between them.

Report has since been received from learned Judicial Magistrate Ist Class, Moonak, 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 PUNEET SACHDEVA 2023.09.06 19:09 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-36566-2023 -2has 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 he would have no objection if the FIR qua the accused-petitioner is quashed. The trial Court has annexed the statements of the parties in original, along with its report.

Learned State counsel too submits that there are 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 Judicial Magistrate Ist Class, Moonak, 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. September 6th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2023.09.06 19:09 I attest to the accuracy and integrity of this document.

Chandigarh