Gagandeep Singh @ Gaggo And ORS v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:160634 CRM-M-47134-2023 Date of decision: December 14th, 2023 Gagandeep Singh @ Gaggo and others .....Petitioners

Versus

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

Present:

Mr. G.S. Bajwa, Advocate for the petitioners.

Mr. Sandeep Kumar, Deputy Advocate General, Punjab. Mr. G.S. Randhawa,Advocate for respondent No.2 to 4.

MANJARI NEHRU KAUL, J. (ORAL) The instant petition is for quashing of FIR No.124 dated 01.09.2019 under Sections 452, 379-B, 427, 148, 149, 506 IPC pertaining to Police Station Ranjit Avenue, District Amritsar City, along with all subsequent proceedings arising therefrom on the basis of compromise dated 04.08.2023 (Annexure P-2) arrived at, between the parties.

Vide order dated 17.10.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 15.11.2023 to get their statements recorded regarding the compromise arrived at, between them.

Report has since been received from learned Additional Sessions Judge, Amritsar, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between PUNEET SACHDEVA 2023.12.15 10:02 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-47134-2023 -2the 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 qua the accused-petitioners is quashed. The trial Court has annexed the statements of the parties in original, along with its report.

Learned State counsel, on instructions, has informed the Court that one of the accused has died subsequent to the registration of the FIR in question, however, the compromise has indeed been effected with the remaining accused.

In view of the report of the learned Additional Sessions Judge, Amritsar, 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.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. December 14th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2023.12.15 10:02 I attest to the accuracy and integrity of this document.

Chandigarh