Suneet Singh And ORS v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (through video conferencing) CRM-M-44814-2021 Decided on : 23.12.2021 Suneet Singh & ors.

...... Petitioners

Versus

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

Mr. Gaurav Partap Singh, Advocate for the petitioners.

Ms. Bhavna Gupta, DAG, Punjab.

Mr. Virender Partap Singh, Advocate for respondents No.2 to 4.

**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.105 dated 16.09.2019 under Sections 365, 354-D, 511 IPC registered at Police Station Division No.2, District Pathankot and all the consequential proceedings arising out of the same, on the basis of compromise (Annexure P-2) arrived at, between the parties. Learned counsel for the petitioners submits that FIR in question was got registered on account of some misunderstanding between the parties. However, subsequently the parties have ironed out all their differences and arrived at an amicable settlement. Learned counsel for respondents No.2 to 4 does not dispute the submissions made by the counsel opposite.

Vide order dated 27.10.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on SONIA BURA 2021.12.23 17:55 I attest to the accuracy and integrity of this document chandigarh

CRM-M-44814-2021 -222.11.2021 to get their respective statements recorded regarding the compromise arrived at, between them.

Report dated 24.11.2021 has since been received from the JMIC, Pathankot 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 statements of the parties in original alongwith its report.

Learned State counsel also submits that there are no other accused other than the petitioners and respondents No.2 to 4 are the only aggrieved persons in the FIR in question.

In view of the report of the learned JMIC, Pathankot 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. 23.12.2021 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2021.12.23 17:55 I attest to the accuracy and integrity of this document chandigarh