Didar Singh v. State Of Punjab And Another

120+275 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-46469-2023 in/and CRM-M-38779-2023 (O&M) Date of Decision: December 12, 2023 Didar Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Manu K. Bhandari, Advocate for the petitioner. Mr. Parneet Singh Pandher, AAG, Punjab.

Mr. Rohit Kataria, Advocate for respondent Nos.2 and 3. DEEPAK GUPTA , J.(Oral) By way of present petition under Section 482 Cr.P.C. prayer is made for quashing of FIR No.304 dated 29.10.2020, under Sections 325, 323, 506 and 34 of IPC, registered at Police Station Samana, District Patiala along with all the consequential proceedings arising therefrom, in view of the compromise dated 24.07.2023 (Annexure P-2). Only Gurpreet Singh was impleaded as one of the respondents to the case. The parties were directed to appear before the Trial Court concerned vide order dated 17.08.2023 for getting their statements recorded with regard to the compromise. Report has since been received, as per which petitioner and respondent No.2 made appearance before the Court concerned and got their statements recorded regarding the compromise, which has been found genuine and voluntarily.

An application bearing CRM-46469-2023 has been moved by the petitioner to implead Jaswinder Singh as respondent No.3. As there were certain allegations qua injuries to said Jaswinder Singh. SARITA RANI 2023.12.13 17:15 I attest to the accuracy and integrity of this document/order

CRM-46469-2023 in/and CRM-M-38779-2023 (O&M) - 2 - Application is allowed.

Jaswinder Singh S/o Darsahn Singh is directed to be impleaded as respondent No.3. The amended memo of parties is taken on record.

Power of attorney filed on behalf of respondent No.3 is taken on record.

Learned counsel for respondent Nos.2 and 3 concedes the factum of the compromise. Learned counsel also concedes that the compromise Annexure P-2 contains the signatures of said Jaswinder Singh as well as petitioner Didar Singh and therefore, said Jaswinder Singh has no objection, so as to quash the FIR in question on the basis of compromise.

In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R. following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and FIR No.304 dated 29.10.2020, under Sections 325, 323, 506 and 34 of IPC, registered at Police Station Samana, District Patiala along with all the consequential proceedings arising therefrom, in view of the compromise dated 24.07.2023 (Annexure P-2) qua petitioner(s), are hereby quashed. December 12, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable:

Yes/No SARITA RANI 2023.12.13 17:15 I attest to the accuracy and integrity of this document/order