Jagmeet Singh And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2024:PHHC:004582 CRM-M-57498-2023 Date of decision: January 15, 2024 JAGMEET SINGH AND OTHERS .....Petitioners

Versus

STATE OF PUNJAB AND ANOTHER .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Nikhil K. Vashisht, Advocate for the petitioners.

Mr. A.P.S. Tung, Deputy Advocate General, Punjab. Mr. Abhishek Sobti, Advocate for Mr. Neeraj, Advocate for the complainant/respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) 1.

The instant petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.116 dated 28.05.2023 under Sections 323, 324, 326, 148 and 149 of the Indian Penal Code, 1860 (Annexure P-1) registered at Police Station Division No.8, Jalandhar, District Jalandhar, along with all consequential proceedings arising therefrom on the basis of the compromise dated 05.06.2023 (Annexure P-2) effected between the parties. 2.

Vide order dated 15.11.2023 of 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. 3.

Report has since been received from learned Judicial Magistrate Ist Class, Jalandhar, in pursuance of the direction of this Court, wherein the factum of the compromise arrived at between the parties stands verified and confirmed. Jaspreet Kaur 2024.01.15 18:57 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-57498-2023 -2As 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 annexed photocopies of the statements of the parties, alongwith 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, Jalandhar, 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 Vs. 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 qua the petitioners, are quashed.

7.

Needless to say, the parties shall remain bound by the terms of compromise and their statements recorded before the trial Court below. January 15, 2024 (MANJARI NEHRU KAUL) Jaspreet Kaur JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Jaspreet Kaur 2024.01.15 18:57 I attest to the accuracy and integrity of this document Chandigarh