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High Court of Punjab and HaryanaCRM-M/54135/2024allowed

Gurmail Singh And Gora And ORS v. State Of Punjab And ORS

2025-03-26Mr. Justice Sanjiv Berry2 pages

CRM-M-54135-2024 (O&M) -1- 

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-54135-2024 (O&M) Date of Decision:- 26.03.2025         ....Petitioner(s)

Versus

STATE OF PUNJAB AND ORS

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Amit Arora, Advocate for the petitioners. Mr. Ankit Grewal, DAG Punjab.

 

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"# ***** SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 17.10.2024 (Annexure P-2) executed between the parties. Details of the FIR are as follows: FIR No.

Dated Sections Police Station 03.10.2020 323, 452, 379-B, 336, 506 IPC and 25, 27 of Arms Act, Bhikhiwind, District Tarn Taran 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 17.10.2024 (Annexure P-2), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to SANDAL SHARMA 2025.03.26 17:43 I attest to the accuracy and authenticity of this order/judgment

CRM-M-54135-2024 (O&M) -2-  report with respect to genuineness of the compromise arrived at between the parties. The Judicial Magistrate 1st Class, Patti vide report dated 21.03.2025 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. The petitioners have also deposited the cost of Rs.40,000/- in compliance to the order dated 28.01.2025. 3.

Respondents No. 2 and 3 are represented by their counsel and do not oppose the compromise.

4.

In view of the aforesaid report of the Judicial Magistrate 1st Class, Patti and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons. 5.

In the circumstances, the present petition is allowed. FIR No.171 dated 03.10.2020, under Sections 323, 452, 379-B, 336, 506 IPC and 25, 27 of Arms Act, 1959 registered at Police Station Bhikhiwind, District Tarn Taran (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners.

(SANJIV BERRY) JUDGE 26.03.2025 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No SANDAL SHARMA 2025.03.26 17:43 I attest to the accuracy and authenticity of this order/judgment