Balbuta Singh v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

 

CRM-M-51692-2023 Date of decision: December 14th, 2023 Balbuta Singh .....Petitioner

Versus

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

Present:

Mr. Avtar Singh Khinda, Advocate for the petitioner.

Mr. Mohit Kapoor, Additional Advocate General, Punjab for respondent No.1-State.

Ms. Navjot Kaur, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) The instant petition is for quashing of FIR No.126 dated 20.11.2022 under Section 336 of the Indian Penal Code, 1860 and Section 27 of the Arms Act registered at Police Station Sadar, District Kapurthala and the consequential proceedings arising out of the same, on the basis of compromise affidavit (Annexure P-2) arrived at, between the parties.

Vide order dated 11.10.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 14.11.2023 to get their statements recorded regarding the compromise arrived at, between them.

Report has since been received from learned Additional Chief Judicial Magistrate, Kapurthala in pursuance of the directions of this Court, wherein, the factum of the compromise arrived PUSHPINDER SAINI 2023.12.15 17:00 I attest to the accuracy and integrity of this document

CRM-M-51692-2023

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 has also made statement to the effect that he would have no objection if the FIR qua the accused-petitioners is quashed. The trial Court has annexed the copies of statements of the parties along with its report.

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.

In view of the report of the learned Additional Chief Judicial Magistrate, Kapurthala 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. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. December 14th, 2023 (MANJARI NEHRU KAUL) ps JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUSHPINDER SAINI 2023.12.15 17:00 I attest to the accuracy and integrity of this document