Amarjit Singh And ORS v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-38205-2024 Date of decision: 21.10.2024 AMARJIT SINGH AND ORS ....Petitioners V/s STATE OF PUNJAB AND ORS ....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Narinder Singh Dadwal, Advocate, for the petitioners. Mr. Navdeep Singh, DAG, Punjab.

Mr.Jagjit Singh, Advocate for respondent Nos.2 and 3. ***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The instant petition is for quashing of cross case registered vide GD No.003 dated 07.05.2022 under Sections 323, 148 and 149 of the IPC (Section 325 of the IPC added later on) in case FIR No.0099 dated 06.05.2022 under Sections 323, 324, 148, 149 of the Indian Penal Code, 1860 registered at Police Station Sidhwan Bet, District Ludhiana Rural, and all consequential proceedings arising out of the same, on the basis of compromise dated 24.06.2024 (Annexure P-3) arrived at, between the parties.

2.

Vide order dated 07.08.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 05.09.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Judicial Magistrate, Ist Class, Jagraon, in pursuance of the directions of this Court, POONAM RATHORE 2024.10.21 17:40 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-38205-2024 -2wherein, the factum of the compromise arrived at between the 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 complainant has also made statement to the effect that she would have no objection if the FIR qua the accused-petitioners is quashed.

4.

The Trial Court has annexed the statements of the parties (in original), alongwith its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioners and respondents No.2 and 3 are the only aggrieved persons in the FIR in question.

6.

In view of the report of the learned Judicial Magistrate, Ist Class, Jagraon 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 qua petitioners.

7.

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 October 21, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.10.21 17:40 I attest to the accuracy and authenticity of this document High Court Chandigarh