Sourav Bajwa And ORS v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-37867-2023 Date of decision: January 14th, 2025 Sourav Bajwa and others .....Petitioners

Versus

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

Present:

Mr. S.K. Choudhary, Advocate for the petitioners.

Mr. H.S. Deol, Senior Deputy Advocate General, Punjab. Mr. Gurmej S. Bhinder, Advocate for respondent Nos.2 to 4.

MANJARI NEHRU KAUL, J. (ORAL) Petitioners in the instant petition filed under Section 482 Cr.P.C. are seeking quashing of FIR No.130 dated 04.11.2019 (Annexure P-1) under Sections 379-B, 408, 120-B IPC registered at Police Station Division No.II, Pathankot, along with all subsequent proceedings arising therefrom on the basis of compromise. 2.

Vide order dated 15.01.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 15.02.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Judicial Magistrate Ist Class, Pathankot, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between PUNEET SACHDEVA 2025.01.14 14:16 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-37867-2023 -2the 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 private respondents have also made statement to the effect that they would have no objection if the FIR qua the accused-petitioners is quashed. Although it had come to the notice of this Court that one of the petitionersaccused was involved in some criminal case, however, as per instructions received by the learned State counsel from Bodhraj Singh, the said petitioner-accused has been acquitted in the criminal case pending against him.

4.

The trial Court has annexed the attested 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 petitioners and private respondents are the only aggrieved persons in the FIR in question.

6.

In view of the report of the learned Judicial Magistrate Ist Class, Pathankot, 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. January 14th, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2025.01.14 14:16 I attest to the accuracy and integrity of this document Chandigarh