Ranjit Singh And ORS v. State Of Punjab And Others

CRM-M-35748-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-35748-2019 Decided on : 05.02.2020 Ranjit Singh & ors.

...... Petitioners

Versus

State of Punjab & ors.

...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Ritesh Pandey, Advocate for the petitioners.

Ms. Devaki Anand Sullar, AAG, Punjab.

Mr. A.S.Bhatti, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J.

The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.78 dated 31.07.2010 under Sections 406, 498-A, 315, 316 and 120-B IPC registered at Police Station Kalanaur, District Gurdaspur and all the consequential proceedings arising out of the same, on the basis of compromise deed dated 09.05.2011 (Annexure P-2) arrived at, between the parties.

Vide order dated 29.08.2019 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 23.10.2019 to get their statements recorded regarding the compromise arrived at, between them.

Report dated 31.10.2019 has since been received from the learned JMIC, Gurdaspur in pursuance to the direction of this Court. As per the report, compromise has indeed been effected between the parties and the SONIA BURA 2020.02.10 10:28 I attest to the accuracy and integrity of this document chandigarh

CRM-M-35748-2019 -2same 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 respondent No.2 is the only aggrieved person in the FIR in question.

In view of the report of the learned JMIC, Gurdaspur 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 is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE 05.02.2020 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2020.02.10 10:28 I attest to the accuracy and integrity of this document chandigarh