Manpreet Singh @ Kalu Singh And ANR v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-47814-2023 Date of decision: May 9th, 2024 Manpreet Singh @ Kalu Singh and another .....Petitioners

Versus

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

Present:

Mr. Jimmy Singla, Advocate for the petitioners.

Mr. Shiva Khurmi, Assistant Advocate General, Punjab. Mr. Ritesh Tomar, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for quashing of FIR No.133 dated 31.08.2023 under Sections 307, 323, 148, 149, 506 of the IPC registered at Police Station Barnala, and all subsequent proceedings arising therefrom on the basis of compromise dated 07.09.2023 (Annexure P-2).

2.

Vide order dated 30.10.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 08.11.2023 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Chief Judicial Magistrate, Barnala, 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 PUNEET SACHDEVA 2024.05.10 10:02 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-47814-2023 -2indeed 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. 4.

The trial Court has annexed the statements of the parties in original, 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 FIR in question.

6.

In view of the report of the learned Chief Judicial Magistrate, Barnala, 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. May 9th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.05.10 10:02 I attest to the accuracy and integrity of this document Chandigarh