Diwan Chand Alias Diwan Singh v. State Of Punjab And Others

CRM-M-46376-2024
























IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-46376-2024 Date of decision: 28.10.2024 DIWAN CHAND ALIAS DIWAN SINGH

...Petitioner(s)

VERSUS

STATE OF PUNJAB AND OTHERS

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE N. S. SHEKHAWAT

Present:

Mr. Sanjeev Kumar Arora, Advocate for the petitioner(s).

Mr. Deepinder Brar, Sr. DAG, Punjab.

Mr. Angrej Singh, Advocate for respondents No.2 and 3.

**** N. S. SHEKHAWAT, J. (Oral) The instant petition has been filed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for quashing of FIR No. 249 dated 16.11.2023 registered under Sections 365,447,511,148 and 149 of IPC, Police Station Guruharsahai, District Ferozepur (Annexure P-1) and subsequent proceedings arising therefrom on the basis of compromise dated 17.07.2024 (Annexure P-2).

Vide order dated 18.09.2024 while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 17.07.2024 (Annexure P-2).

SIMRANDEEP KAUR 2024.10.28 16:43 I attest to the accuracy and integrity of this order/judgment

CRM-M-46376-2024























Pursuant to aforesaid order, the parties have appeared before the Sub Divisional Judicial Magistrate, Guruharsahai and got their statements recorded. Report dated 21.10.2024 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence. I have heard counsel for the parties and gone through the case file. In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioner(s).

Resultantly, FIR No. 249 dated 16.11.2023 registered under Sections 365,447,511,148 and 149 of IPC, Police Station Guruharsahai, District Ferozepur (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner(s). (N. S. SHEKHAWAT) 28.10.2024 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/Nos SIMRANDEEP KAUR 2024.10.28 16:43 I attest to the accuracy and integrity of this order/judgment