Paramjit Singh @ Pamma And ANR. v. State Of Punjab And Another

[ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 09.03.2023 Paramjit Singh @ Pamma and another..........................Petitioners

Versus

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

Present:

Mr. Ashish Nagar, Advocate for the petitioners.

Mr. Sanish Girdhar, AAG, Punjab.

Ms. Vibha, Advocate for the complainant/respondent No.2.

...

MANJARI NEHRU KAUL, J. (Oral) Instant petition has been filed under Section 482 Cr.P.C. for quashing FIR No.015 dated 13.02.1999 under Sections 324, 326, 356, 34 IPC (Sections 356 & 34 IPC were deleted and Section 341 IPC was added) registered at Police Station Sadar Nawanshahr, District Nawanshahr (SBS Nagar) along with all consequential proceedings arising therefrom including impugned order dated 27.01.2022 passed by the JMIC Nawanshahr (Annexure P5) on the basis of compromise dated 24.02.1999 (Annexure P2) effected between the parties. Vide order dated 09.01.2023 of this Court, the parties were

[ 2 ] directed to appear before the learned trial Court/Illaqa Magistrate on 09.02.2023 to get their statements recorded regarding the compromise arrived at, between them.

Report has since been received from learned Judicial Magistrate, 1st Class, Shaheed Bhagat Singh Nagar, in pursuance to the direction 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 genuine, voluntary, without any coercion or undue influence and out of the free will of the parties and the complainant has also made statement to the effect that he would have no objection if the FIR qua the accused-petitioner is quashed.

The trial Court has annexed photocopy of the statements of the parties, alongwith its report.

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.

In view of the report of the learned Judicial Magistrate, 1st Class, Shaheed Bhagat Singh Nagar, 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 v. State of Punjab and another' 2007

(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it are

[ 3 ] quashed.

Needless to say, the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. ( MANJARI NEHRU KAUL) 09.03.2023 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:

Yes / No