Sharnjit Singh @ Saranjit Singh @ Sunny And ANR v. State Of Punjab And ORS

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 21.05.2025 Sharnjit Singh @ Saranjit Singh @ Sunny and Another .... Petitioners

Versus

State of Punjab and others ... Respondents CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Kamaldeep Singh Redhu, Advocate for the petitioners. Mr. Hardeep Singh Wadhwa, DAG, Punjab.

Mr. Kanwar Pal Singh, Advocate for LRs of respondents No. 2 and 3.

*** H.S. Grewal, J.(Oral) 1.

The present petition has been filed under Section 482 of Cr.P.C with a prayer for quashing of FIR No. 41 dated 03.06.2020 under Sections 323, 324, 506, 34 of IPC (Annexure P-1), DDR No. 26 dated 04.06.2024 under Section 452 of IPC (Annexure P-2) DDR No. 21 dated 25.06.2020 under Section 326 of IPC (Annexure P-3) registered at Police Station Garhdiwala District Hoshiarpur and all the subsequent proceedings arising therefrom, on the basis of compromise dated 14.05.2024 (Annexure P-7). 2.

This Court vide order dated 23.10.2024 had directed the parties to appear before the Appellate Court to get their statements recorded and the learned Appellate Court was directed to send its report qua the genuineness of the compromise.

-23.

Pursuant to the aforesaid order, parties have appeared before the learned Addl. District & Sessions Judge, Hoshiarpur and got their statements recorded. On the basis of the statements so recorded, learned Addl. District & Sessions Judge, Hoshiarpur has submitted report dated 03.12.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.

4.

As per the report received from learned Addl. District & Sessions Judge, Hoshiarpur both respondents namely Gurdeep Singh and Balwinder Lal have died and now the only affected party is Meena Kumari being wife of Balwinder Lal and mother of Gurdeep Singh. The third accused Sandeep Kumar @ Sipa has already undergone the sentence awarded to him and he has not joined the compromise.

5.

Learned State counsel as well as counsel for LRs of respondent Nos.2 and 3 have not disputed the factum of compromise between the parties. 6.

In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. 7.

Since the third accused namely Sandeep Kumar @ Sipa has already undergone the sentence awarded to him and he has not joined the compromise so no order is required to be passed against him. 8.

Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and quashing of FIR No. 41 dated 03.06.2020 under Sections 323, 324, 506, 34 of IPC (Annexure P-1), DDR No. 26 dated

-304.06.2024 under Section 452 of IPC (Annexure P-2) DDR No. 21 dated 25.06.2020 under Section 326 of IPC (Annexure P-3) registered at Police Station Garhdiwala District Hoshiarpur and all the subsequent proceedings arising therefrom, on the basis of compromise dated 14.05.2024 (Annexure P-7) are quashed qua the petitioners. (H.S.GREWAL) JUDGE 21.05.2025 renu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No