Sukhbir Singh And ANR v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:160682 CRM-M-51324-2023 Date of decision: December 14th, 2023 Sukhbir Singh and another .....Petitioners

Versus

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

Present:

Mr. Vishal Sharma, Advocate for Mr. Lalit Chander Sharma, Advocate for the petitioners.

Mr. Sandeep Kumar, Deputy Advocate General, Punjab. Mr. B.D. Sharma, Advocate for respondent Nos.2 and 3.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for quashing of GD No.27 dated 23.02.2021 under Sections 323, 324, 326, 34 of the IPC in case FIR No.24 dated 10.02.2021 under Sections 452, 323, 506, 148, 149 of the IPC registered at Police Station Raja Sansi, District Amritsar Rural, along with all consequential proceedings arising therefrom on the basis of compromise dated 29.08.2023 (Annexure P-3). 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 Sub Divisional Judicial Magistrate, Ajnala, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived PUNEET SACHDEVA 2023.12.14 16:23 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-51324-2023 -2at 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 private respondents have also made statement to the effect that they would have no objection if the DDR qua the accused-petitioners is quashed.

The trial Court has annexed the statements of the parties in original, along with its report.

Learned State counsel too submits that there are no other accused other than the petitioners and private respondents are the only aggrieved persons in the DDR in question.

In view of the report of the learned Sub Divisional Judicial Magistrate, Ajnala, 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 DDR 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) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2023.12.14 16:23 I attest to the accuracy and integrity of this document.

Chandigarh