Jaswant Singh And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:144734 CRM-M-42359-2023 Date of decision: November 15th, 2023 Jaswant Singh and others .....Petitioners

Versus

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

Present:

None for the petitioners.

Ms. Kanica Sachdeva, Assistant Advocate General, Punjab. Mr. Ishmeet Singh, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for quashing of FIR No.343 dated 21.12.2017 registered at Police Station Raman, District Bathinda, under Sections 324, 323 and 34 IPC and Section 326 IPC (added later on), and all the consequential proceedings arising therefrom, on the basis of compromise dated 29.07.2023 (Annexure P-2) arrived at between the parties.

2.

Vide order dated 25.08.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 18.09.2023 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Sub Divisional Judicial Magistrate, Talwandi Sabo, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report compromise PUNEET SACHDEVA 2023.11.15 14:28 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-42359-2023 -2has 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 he 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, along with its report.

5.

Learned State counsel too 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.

6.

In view of the report of the learned Sub Divisional Judicial Magistrate, Talwandi Sabo, 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. 7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. November 15th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2023.11.15 14:28 I attest to the accuracy and integrity of this document.

Chandigarh