Arvinder Singh Deol v. State Of Punjab And Another

CRM-M-60194-2022 -12023:PHHC:057616

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-60194-2022 Decided on : 24.04.2023 Arvinder Singh Deol ...... Petitioner

Versus

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

Mr. P.S.Sullar, Advocate for the petitioner.

Mr. Amit Rana, Sr. DAG, Punjab.

Mr. Surinder Dhull, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J.

1.

The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.181 dated 26.08.2022 under Sections 307, 341, 323, 506 IPC and Sections 25 and 27 of Arms Act registered at Police Station Civil Lines, District Patiala and all the subsequent proceedings arising out of the same, on the basis of compromise dated 19.11.2022 (Annexure P-3) arrived at, between the parties.

2.

Vide order dated 22.12.2022 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 04.01.2023 to get their statements recorded regarding the compromise arrived at, between them. 3.

Report dated 05.01.2023 has since been received from the learned JMIC, Patiala in pursuance of the direction of this Court. As per the report, SONIA BURA 2023.04.26 14:58 I attest to the accuracy and integrity of this document

CRM-M-60194-2022 -22023:PHHC:057616 compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will. The trial Court has annexed the photocopy of the statements of the parties alongwith its report. 5.

Learned State counsel also submits that there are no other accused other than the petitioner and respondent No.2 is the only aggrieved person in the FIR in question. He has not disputed that as per the medico-legal report, there was no mention of the injuries, which were received by the petitioner on his lower limb, having been caused by any fire arm, as there was no blackening present there.

6.

In view of the report of the learned JMIC, Patiala 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, are quashed qua the petitioner. 7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE 24.04.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.04.26 14:58 I attest to the accuracy and integrity of this document