Gulwinder Singh v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-36597-2024 Date of decision: November 13th, 2024 Gulwinder Singh .....Petitioner

Versus

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

Present:

Ms. Kuljit Kaur, Advocate for the petitioner.

Mr. Navdeep Singh, Deputy Advocate General, Punjab. None for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) The instant petition is for quashing of FIR No.76 dated 18.06.2017 under Sections 380, 457, 201 of the Indian Penal Code, 1860 registered at Police Station Goindwal Sahib, District Tarn Taran, and the consequential proceedings arising out of the same, on the basis of compromise (Annexure P-2) arrived at, between the parties. 2.

Vide order dated 01.08.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 02.09.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned SDJM, Khadur Sahib, 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 PUNEET SACHDEVA 2024.11.13 14:18 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-36597-2024 -2been 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.

4.

The trial Court has annexed the copies of the statements of the parties, along with its report.

5.

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.

6.

In view of the report of the learned SDJM, Khadur Sahib, 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.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. November 13th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.11.13 14:18 I attest to the accuracy and integrity of this document Chandigarh