Sahib Ram And ORS. v. State Of Punjab And ORS.

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 1.

CRM-M-53273-2024 Date of decision: January 20th, 2025 Sahib Ram and others .....Petitioners

Versus

State of Punjab and others .....Respondents 2.

CRM-M-53363-2024 Sohan Lal and others .....Petitioners

Versus

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

Present:

Mr. Piyush Setia, Advocate for the petitioners (in CRM-M-53273-2024) for respondent Nos.2 to 6 (in CRM-M-53363-2024). Mr. Inderjeet Singh Chawla, Advocate for the petitioners (in CRM-M-53363-2024) for respondents No.2 to 5 (in CRM-M-53273-2024). Mr. Navdeep Singh, Deputy Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) This order shall dispose of both the above-mentioned petitions as the same pertain to the same occurrence. 2.

Prayer in CRM-M-53273-2024 is for quashing of DDR No.32 dated 13.06.2021 under Sections 323, 148, 149 of the IPC in FIR No.74 dated 13.06.2021 and in CRM-M-53363-2024 is for

CRM-M-53273 & 53363-2024 -2quashing of FIR No.74 dated 13.06.2021 under Sections 323, 324, 148, 149, 326 of the IPC registered at Police Station Khuian Sarwar, District Fazilka, along with all consequential proceedings arising therefrom on the basis of compromise dated 10.09.2024 (Annexure P-3).

3.

Vide order dated 21.11.2024 passed by this Court, the parties were directed to appear before the learned trial Court/ Illaqa Magistrate to get their statements recorded regarding the compromise arrived at, between them.

4.

Reports has since been received from learned Judicial Magistrate Ist Class, Abohar, 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 private respondents have also made statement to the effect that they would have no objection if the FIR/DDR qua the accused-petitioners is quashed. 5.

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

6.

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/DDR in question. 7.

In view of the report of the learned Judicial Magistrate Ist Class, Abohar, 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.

CRM-M-53273 & 53363-2024 -3State of Punjab and another, 2007(3) RCR (Criminal) 1052, these petitions are allowed. The aforesaid FIR/DDRs and all consequentialproceedings arising out of it, are quashed qua the petitioners.

8.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 9.

Copy of this order be placed on the file of connected case. January 20th, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No