Gagandeep Singh Alias Gaganpreet Singh Sidhu Through Spa Balwinder Kaur v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2024:PHHC:017800 1.

CRM-M No.53404 of 2023 Date of decision: February 8th, 2024 Gagandeep Singh @ Gaganpreet Singh Sidhu .....Petitioner

Versus

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

CRM-M No.37269 of 2023 Kamaljeet Singh alias Gora and others .....Petitioners

Versus

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

Present:

Ms. Gagandeep Kaur, Advocate for the petitioner (in CRM-M-53404-2023).

Mr. Ravinder Dhillon, Advocate for the petitioner (in CRM-M-37269-2023).

Mr. Mohit Kapoor, Additional Advocate General, Punjab. Ms. Bhupinder Kaur, Advocate for respondent No.2.

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.11 dated 12.01.2019 under Sections 279, 323, 337, 427 of the IPC registered at Police Station Sadar Dhuri, District Sangrur, along with all consequential proceedings arising therefrom on the basis of compromise arrived at between the parties.

2.

Vide order dated 20.10.2023 passed in CRM-M-53404-2023 and vide order dated 21.12.2023 passed in CRM-M-37269-2023 by this Court, the parties were directed to appear before the learned trial

CRM-M Nos.53404 and 37269 of 2023 Court/Illaqa Magistrate on 20.11.2023 and 08.01.2024 respectively to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Judicial Magistrate Ist Class, Camp Court, Dhuri, 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 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 made a reference to two cases, which were registered against petitioner Barinderpal Singh @ Varinder Singh, however, learned counsel for the petitioners has submitted that no doubt, two cases were registered earlier against the said petitioner, however, as on date, no other case is pending against him. 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 respondent No.2 is the only aggrieved person in the FIR in question.

6.

In view of the report of the learned Judicial Magistrate Ist Class, Camp Court, Dhuri, 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)

CRM-M Nos.53404 and 37269 of 2023 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. February 8th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No