Dalbir Singh And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 303+304 1.

CRM-M No.51527 of 2023 Date of decision: August 5th, 2024 Dalbir Singh and others .....Petitioners

Versus

State of Punjab and another .....Respondents 2.

CRM-M No.55181 of 2023 Joginder Singh and others .....Petitioners

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Anupinder Brar, Advocate for Mr. M.S. Basra, Advocate for the petitioners (in CRM-M-51527-2023) for respondent No.2 (in CRM-M-55181-2023).

Mr. Jasdeep Singh Walia, Advocate and Mr. A.S. Ahluwalia, Advocate for the petitioners (in CRM-M-55181-2023) for respondent No.2 (in CRM-M-51527-2023).

Mr. Shiva Khurmi, Assistant Advocate General, Punjab. MANJARI NEHRU KAUL , J. (ORAL) This order shall dispose of the above-mentioned petitions as prayer in these petitions is for quashing of FIR No.110 dated 19.08.2012 under Sections 324, 323, 506, 34 of the IPC registered at Police Station Julkan, District Patiala, along with all consequential proceedings arising therefrom on the basis of compromise arrived at between the parties. 2.

Vide order dated 25.04.2024 passed by this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on PUNEET SACHDEVA 2024.08.05 13:41 I attest to the accuracy and integrity of this document Chandigarh

CRM-M Nos.51527 and 55181 of 2023 28.05.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned trial Court, 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 indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the complainants 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 persons in the FIR in question.

6.

In view of the report of the learned trial Court 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 petitions are 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. August 5th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.08.05 13:41 I attest to the accuracy and integrity of this document Chandigarh