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High Court of Punjab and HaryanaCRM-M/47472/2023allowed

Yuvraj Singh And ORS. v. State Of Punjab And Another

2023-11-16Mrs. Justice Manjari Nehru Kaul3 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:145511 1.

CRM-M-47472-2023 Date of decision: November 16th, 2023 Yuvraj Singh and others .....Petitioners

Versus

State of Punjab and another .....Respondents 2.

CRM-M-47539-2023 Jaspreet Singh @ Jass and others .....Petitioners

Versus

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

Present:

Mr. Ankush Rampal, Advocate for the petitioners (in CRM-M-47472-2023) for respondents No.2 and 3 (CRM-M-47539-2023). Mr. Rahul Rampal, Advocate for the petitioners (CRM-M-47539-2023) for respondent No.2 (in CRM-M-47472-2023).

Ms. Kanica Sachdeva, Assistant Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) Prayer in CRM-M-47472-2023 is for quashing of DDR No.14 dated 24.08.2019 under Sections 341/323/506/34 of the IPC registered at Police Station Division No.3, District Ludhiana and in CRM-M-47539-2023 is for quashing of FIR No.134 dated 18.08.2019 under Sections 341/324/323/148/149 of the IPC registered at Police Station Division No.3, District Ludhiana, along with all consequential proceedings arising therefrom on the basis of compromise

CRM-M-47472, 47539-2023 -2dated 09.06.2023 (Annexure P-3).

2.

Vide order dated 20.09.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 10.10.2023 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Judicial Magistrate Ist Class, Ludhiana, 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 complainant in their respective cases have also made statement to the effect that they would have no objection if the DDR and 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 private respondents are the only aggrieved person in the DDR and FIR in question. 6.

In view of the report of the learned Judicial Magistrate Ist Class, Ludhiana, 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 DDR as well as FIR and all consequential proceedings arising out therefrom, are quashed.

CRM-M-47472, 47539-2023 -37.

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. November 16th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No