Harpreet Singh And ANR. v. State Of Punjab And ANR.

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:117461 CRM-M-48883-2022 Date of decision: September 6th, 2023 Harpreet Singh and another .....Petitioners

Versus

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

Present:

Mr. Kamal Narula, Advocate for the petitioners.

Mr. Inderpal Singh Sabharwal, Deputy Advocate General, Punjab.

Mr. Munish Gulati, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) The petitioners have filed this petition under Section 482 Cr.P.C. for quashing of FIR No.294 dated 13.11.2020 registered under Section 380 IPC and Section 25 of Arms Act, 1959 registered at Police Station City Ferozepur along with subsequent proceedings arising out thereform on the basis of compromise (Annexure P-2). Vide order dated 11.01.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 21.02.2023 to get their statements recorded regarding the compromise arrived at, between them.

Report has since been received from learned Chief Judicial Magistrate, Ferozepur, 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 2023.09.06 19:27 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-48883-2022 -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. The trial Court has annexed the copies of the statements of the parties, along with its report.

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.

In view of the report of the learned Chief Judicial Magistrate, Ferozepur, 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. September 6th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2023.09.06 19:27 I attest to the accuracy and integrity of this document.

Chandigarh