Deepak Kumar And Another v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 1.

CRM-M-53190-2023 Date of decision: May 16th, 2024 Deepak Kumar and another .....Petitioners

Versus

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

CRM-M-53380-2023 Joginder Pal and others .....Petitioners

Versus

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

Present:

Mr. Shubham Goayl, Advocate for the petitioners (in CRM-M-53190-2023) for respondent No.2 (in CRM-M-53380-2023).

Mr. Piyush Setia, Advocate for the petitioners (in CRM-M-53380-2023) for respondent No.2 to 4 (in CRM-M-53190-2023). Mr. Shiva Khurmi, Assistant 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-53190-2023 is for quashing of FIR No.159 dated 07.10.2022 under Sections 324, 341, 506, 148, 149 (Section 326 added later on) of the IPC and in CRM-M-53380-2023 is for quashing of cross case General Diary No.27 dated 09.10.2022 under

CRM-M-53190 & 53380-2023 -2Section 323 of the IPC in FIR No.159 dated 07.10.2022 under Sections 324, 341, 506, 148, 149 of the IPC (Section 326 IPC added later on) registered at Police Station Nakodar Sadar, District Jalandhar Rural, along with all consequential proceedings arising therefrom on the basis of compromise dated 22.12.2022.

3.

Vide order dated 20.10.2023 passed in CRM-M-531902023 and vide order dated 16.11.2023 passed in CRM-M-53380-2023 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.

Separate reports have since been received from learned SDJM, Nakodar, 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 FIRs qua the accused-petitioners is quashed.

5.

The trial Court has annexed the statements of the parties in original, 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 FIRs in question.

7.

In view of the report of the learned SDJM, Nakodar, 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

CRM-M-53190 & 53380-2023 -3this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, these petitions are allowed. The aforesaid FIRs and all consequential proceedings 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. May 16th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No