Sukhdev Singh And ANR v. State Of Punjab And Others

CRM-M-48077-2022 -12023:PHHC:039450

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-48077-2022 Decided on : 16.03.2020 Sukhdev Singh & anr.

...... Petitioners

Versus

State of Punjab & ors.

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

Ms. Kamal Preet Kaur, Advocate for Mr. Sandeep Arora, Advocate for the petitioners.

Mr. Sanish Girdhar, AAG, Punjab.

Mr. G.S.Rawat, Advocate for respondents No.2 and 3.

**** Manjari Nehru Kaul, J.

The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.89 dated 15.05.2015 under Sections 323, 325, 452 and 34 IPC registered at Police Station City Rupnagar and all the consequential proceedings arising out of the same, on the basis of compromise deed dated 15.07.2019 (Annexure P-1) arrived at, between the parties. Vide order dated 16.11.2022 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 08.12.2022 to get their statements recorded regarding the compromise arrived at, between them.

Report dated 23.02.2023 has since been received from the learned JMIC, Rupnagar in pursuance to the direction of this Court. As per SONIA BURA 2023.03.17 09:47 I attest to the accuracy and integrity of this document

CRM-M-48077-2022 -22023:PHHC:039450 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. The trial Court has annexed the statements of the parties in original alongwith its report.

Learned State counsel assisted by counsel for respondents No.2 and 3 also 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.

In view of the report of the learned JMIC, Rupnagar 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 qua the petitioners, 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 16.03.2020 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.03.17 09:47 I attest to the accuracy and integrity of this document