Bhura Singh v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (through video conferencing) CRM-M-43976-2021 Decided on : 22.12.2021 Bhura Singh ...... Petitioner

Versus

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

Ms. Puja Chopra, Advocate for the petitioner.

Ms. Bhavna Gupta, DAG, Punjab.

Mr.T.K.Gupta, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.44 dated 07.03.2021 under Sections 354, 354-B, 451 IPC registered at Police Station Dirba, District Sangrur and all the consequential proceedings arising out of the same, on the basis of compromise arrived at, between the parties.

Learned counsel for the petitioners submits that on account of trivial misunderstanding between the parties, FIR in question came into existence. However, subsequently with the intervention of respectables and relatives, matter stands amicably resolved between the parties. Learned counsel for respondent No.2 does not dispute the submissions made by the counsel opposite.

Vide order dated 25.10.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on SONIA BURA 2021.12.23 10:34 I attest to the accuracy and integrity of this document chandigarh

CRM-M-43976-2021 -209.11.2021 to get their respective statements recorded regarding the compromise arrived at, between them.

Report dated 15.11.2021 has since been received from the JMIC, Sunam 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 photocopies of 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, Sunam 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(s) is allowed. The aforesaid FIR along with all consequential proceedings arising out of them, are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 22.12.2021 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2021.12.23 10:34 I attest to the accuracy and integrity of this document chandigarh