Gurdeep Singh And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.47581 of 2024 Date of decision: 18.12.2024 Gurdeep Singh and others ....Petitioners V/s State of Punjab and others ....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Jaideep Verma, Advocate, for the petitioners.

Mr. Shiva Kurmi, AAG, Punjab for respondent No.1-State.

Mr. Himanshu Chhabra, Advocate for respondents No.2 and 3.

***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The instant petition is for quashing of FIR No.0058 dated 04.06.2024 under Sections 323, 336, 427 IPC, 1860 and Sections 25 & 27 of Arms Act (Sections 25 & 27 of Arms Act were deleted on 07.06.2024) registered at Police Station Punjab Agriculture University (PAU), Police Commissionerate, Ludhiana, and all consequential proceedings arising out of the same, on the basis of compromise dated 10.09.2024 (Annexure P-2) arrived at, between the parties.

2.

Vide order dated 23.09.2024 of Co-ordinate Bench of this Court, the parties were directed to appear before the learned trial Court/Duty Magistrate within a period of 30 days 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 POONAM RATHORE 2024.12.19 11:15 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M No.47581 of 2024 -2parties 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 has also made statement to the effect that he would have no objection if the FIR qua the accused-petitioner is quashed.

4.

The Trial Court has annexed the copies of the statements of the parties, alongwith its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioners and respondents No.2 and 3 are the only aggrieved persons in the FIR in question. Learned State counsel, on instructions has submitted that the cancellation report has also been prepared in the present case.

6.

In view of the report of the learned Judicial Magistrate Ist Class, Ludhiana and the principles laid down by Hon'ble 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 qua petitioners.

7.

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

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.12.19 11:15 I attest to the accuracy and authenticity of this document High Court Chandigarh