Anil Kumar And ORS v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-41792-2024 Date of decision: April 29th, 2025 Anil Kumar and others .....Petitioners

Versus

State of Punjab and another .....Respondents CRM-M-60420-2024 Kuldeep Singh @ Sourav and others .....Petitioners

Versus

State of Punjab and others .....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Rajeev K. Kapila, Advocate for the petitioners (in CRM-M-41792-2024).

Mr. Manjinder Singh Saini, Advocate with Mr. Puneet Sharma, Advocate for the petitioners (in CRM-M-60420-2024).

Mr. Gautam Thapar, Assistant Advocate General, Punjab. Ms. Kulwinder Kaur, Advocate for respondent No.2 (in CRM-M-41792-2024).

MANJARI NEHRU KAUL, J. (ORAL) Prayer in CRM-M-41792-2024 is for quashing of cross case DDR No.35 dated 24.03.2021 under Sections 323, 324, 34 of the Indian Penal Code, 1860 in FIR No.40 dated 24.03.2021 registered at Police Station Bullowal, District Hoshiarpur, and in CRM-M-604202024, prayer is for quashing of FIR No.40 dated 24.03.2021 under Sections 323, 324, 34 of the Indian Penal Code, 1860 registered at

CRM-M-41792 & 60420 -2024 -2Police Station Bullowal, District Hoshiarpur, and the consequential proceedings arising out of the same, on the basis of compromise. 2.

Vide order dated 30.08.2024 and 03.12.2024 passed in CRM-M-41792-2024 and CRM-M-60420-2024 respectively, the parties were directed to appear before the learned trial Court/Illaqa Magistrate to get their statements recorded regarding the compromise arrived at, between them.

3.

As per report received from learned Judicial Magistrate Ist Class, Hoshiarpur, in CRM-M-60420-2024, in pursuance of the directions of this Court, 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 private respondents in CRM-M-60420-2024 have also made statement to the effect that they would have no objection if the FIR qua the accused-petitioners is quashed.

4.

The trial Court has annexed the copies of the statements of the parties, along with its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioners and the private respondents are the only aggrieved person in the FIR/DDR in question. 6.

In view of the report of the learned Judicial Magistrate Ist Class, Hoshiarpur, 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/DDR and all

CRM-M-41792 & 60420 -2024 -3consequential 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. 8.

Copy of this order be placed on the file of connected case. April 29th, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No