Nachhatar Singh And Another v. State Of Punjab And Another
CRM-M-53877-2024 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-53877-2024 (O&M) Date of Decision: 27.03.2025 Nachhatar Singh and Others .....PETITIONERS
VERSUS
State of Punjab and Another ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE H.S. GREWAL
Present:
Mr. Rishab Garg, Advocate for the petitioners.
Mr. Eklavya Darshi, DAG, Punjab.
Mr. Madan Gupta, Advocate for respondent No.2. **** H.S. GREWAL, J. (ORAL) 1.
By way of this petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the petitioners seek quashing of FIR No.77 dated 02.08.2024 for the offence punishable under Sections 447, 448, 379, 427, 34 IPC, 1860 registered at Police Station Punjab Agricultural University (PAU), District Police Commissionerate, Ludhiana on the basis of compromise deed dated 07.10.2024 (Annexure P-2), whereby they claim to have settled their differences with respondent No.2.
2.
Vide order dated 28.10.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate for getting their statements recorded regarding the compromise arrived at between them by way of moving an application before the trial Court concerned and the Court concerned was further directed to get the statements of the parties recorded qua the compromise so arrived at between the parties, on any convenient date. 3.
Report has since been received from learned Judicial Magistrate Ist Class, Ludhiana, in pursuance of the directions of this Court, wherein, the factum Sonia Puri 2025.04.02 17:26 I attest to the accuracy and integrity of this document
CRM-M-53877-2024 (O&M) -2- 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. 4.
The Trial Court has reproduced the statements of the parties so recorded, in 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, Ludhiana 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 petition is allowed and FIR No.77 dated 02.08.2024 for the offence punishable under Sections 447, 448, 379, 427, 34 IPC, 1860 registered at Police Station Punjab Agricultural University (PAU), District Police Commissionerate, Ludhiana and all consequential proceedings arising out of it, are quashed qua petitioners. 7.
Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (H.S. GREWAL) 27.03.2025 JUDGE Sonia Puri Whether speaking/ reasoned :
Yes/No Whether Reportable :
Yes/No Sonia Puri 2025.04.02 17:26 I attest to the accuracy and integrity of this document