High Court of Punjab and HaryanaCRM-M/53503/2024allowed

Salinder Singh Alias Salwinder Alias Shinda And ORS v. State Of Punjab And ORS

2025-04-05Mr. Justice Harpreet Singh Brar3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-53503-2024 (O&M) Date of decision: 05.04.2025 Salinder Singh @ Salwinder @ Shinda and others ....Petitioners

Versus

The State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Sahil Gupta, Advocate for the petitioners.

Mr. Rishabh Singla, AAG, Punjab.

Ms. Dolli Sharma, Advocate for respondents No.2 and 3.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of GD No.25 dated 07.08.2019 under Sections 307, 324, 323, 379, 148, 149 and 120-B IPC (Section 34 IPC added later on and Sections 307, 379, 120-B, 148 and 149 IPC deleted later on), registered at Police Station Lopoke, District Amritsar, in FIR No.116 dated 12.05.2019 under Sections 307, 324, 323, 452, 148, 149 and 120-B IPC (Sections 325, 34 IPC added later on and Sections 307, 452, 120-B, 148, 149 IPC deleted later on) at Police Station Lopoke, District Amritsar. 2.

The following order was passed on 06.03.2025:- "XX XX XX XX

Learned counsel for the petitioner(s) in both the petitions submit that Investigating Agency has already concluded the investigation and presented the final report before the jurisdictional Court and offence under Section 307 of Indian Penal Code has been deleted from the FIR and GD in both the cases.

Learned State counsel affirms the aforesaid fact and submits that during investigation, offence under Section 307 of IPC has been deleted in both the cases. Service is already complete.

Adjourned to 05.04.2025.

In the meantime, parties are directed to appear before the learned trial Court/Illaqa Magistrate within a period of two weeks or any other date convenient to the trial Court/Illaqa Magistrate to get their statements recorded regarding the compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of the compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed i.e. 05.04.2025.

A copy of this order be sent to learned trial Court/Illaqa Magistrate through fax for compliance." 3.

In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from anyone.

In view of the compromise and the ratio of law laid down by the Hon'ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466 and Shakuntala Sawhney

(Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition is allowed and GD No.25 dated 07.08.2019 under Sections 307, 324, 323, 379, 148, 149 and 120-B IPC (Section 34 IPC added later on and Sections 307, 379, 120-B, 148 and 149 IPC deleted later on), registered at Police Station Lopoke, District Amritsar, in FIR No.116 dated 12.05.2019 under Sections 307, 324, 323, 452, 148, 149 and 120-B IPC (Sections 325, 34 IPC added later on and Sections 307, 452, 120-B, 148, 149 IPC deleted later on) at Police Station Lopoke, District Amritsar and all other subsequent proceedings arising out of the same are quashed, qua the petitioners. (HARPREET SINGH BRAR) JUDGE 05.04.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No