Baljit Singh And Others v. State Of Punjab And Another
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH 1.
CRM-M-41172-2024 Date of decision: October 28th, 2024 Baljit Singh and others .....Petitioners
Versus
State of Punjab and another .....Respondents 2.
CRM-M-41220-2024 Jasbir Singh and others .....Petitioners
Versus
State of Punjab and others .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present:
Mr. Raja Agnihotri, Advocate for the petitioners (in CRM-M-41172-2024) for respondent Nos.2 and 3(in CRM-M-41220-2024). Mr. Vikasdeep Singh, Advocate for the petitioners (in CRM-M-41220-2024) for respondent No.2 (in CRM-M-41172-2024).
Mr. Shiva Khurmi, Assistant Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) This order shall dispose of both the above-mentioned petitions as the same pertain to the same occurrence. 2.
Prayer in CRM-M-41172-2024 is for quashing of DDR No.25 dated 27.08.2020 under Sections 323, 341, 148, 149 of the IPC and in CRM-M-41220-2024 is for quashing of FIR No.85 dated 27.08.2020 under Sections 341, 323, 148, 149 of the IPC registered at
CRM-M-41172 & 41220-2024 -2Police Station Kabirpur (Ahlikalan), District Kapurthala, along with all consequential proceedings arising therefrom on the basis of compromise dated 17.08.2024 (Annexure P-2).
3.
Vide order dated 27.08.2024 passed by this Court, the parties were directed to appear before the learned trial Court/ Illaqa Magistrate on 27.09.2024 to get their statements recorded regarding the compromise arrived at, between them. 4.
Report has since been received from learned Judicial Magistrate Ist Class, Sultanpur Lodhi, 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 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 have also made statement to the effect that they would have no objection if the FIR/DDR qua the accused-petitioners is quashed.
5.
The trial Court has annexed the copies of the statements of the parties, along with its report.
6.
Learned State counsel too submits that there are no other accused other than the petitioners and private respondents are the only aggrieved persons in the FIR/DDR in question. 7.
In view of the report of the learned Judicial Magistrate Ist Class, Sultanpur Lodhi, 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
CRM-M-41172 & 41220-2024 -3and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, these petitions are allowed. The aforesaid FIR/DDR and all consequential proceedings arising out of it, are quashed qua the petitioners.
8.
Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. October 28th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :
Yes Whether reportable :
No