Dilbag Singh And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2024:PHHC:006089 CRM-M-48936-2023 Date of decision: January 18th, 2024 Dilbag Singh and others .....Petitioners

Versus

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

Present:

Mr. Balbir Singh Jaswal, Advocate for the petitioners.

Mr. A.P.S. Tung, Deputy Advocate General, Punjab. Mr. Ankit Bhardwaj, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) Petitioners are seeking quashing of FIR No.25 dated 06.02.2019 (Annexure P-1) under Sections 420, 465, 467, 468, 471, 120-B of the IPC registered at Police Station Tarsikka, District Amritsar, and all subsequent proceedings arising therefrom on the basis of compromise deed dated 23.08.2023 (Annexure P-2). 2.

Vide order dated 11.01.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 15.01.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Judicial Magistrate Ist Class, Baba Bakala Sahib, District Amritsar, 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 PUNEET SACHDEVA 2024.01.18 15:23 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M- 48936-2023 -2between 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 accusedpetitioners 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 respondent No.2 is the only aggrieved person in the FIR in question.

6.

In view of the report of the learned Judicial Magistrate Ist Class, Baba Bakala Sahib, District 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. 7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. January 18th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.01.18 15:23 I attest to the accuracy and integrity of this document.

Chandigarh