Bhim Sain v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2024:PHHC:015165 CRM-M-60118-2023 Date of decision: February 5th, 2024 Bhim Sain .....Petitioner

Versus

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

Present:

Mr. Kanwaljeet Singh, Advocate for the petitioner.

Mr. A.P.S. Tung, Deputy Advocate General, Punjab. Mr. R.S. Thind, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) The instant petition is for quashing of FIR No.48 dated 13.03.2019 under Sections 452, 323, 506 of the Indian Penal Code, 1860 registered at Police Station City Sangrur, and subsequent proceedings arising therefrom, on the basis of compromise dated 10.11.2023 (Annexure P-2) arrived at, between the parties. 2.

Vide order dated 30.11.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 15.12.2023 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Judicial Magistrate 1st Class, Sangrur, in pursuance of the directions 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 without PUNEET SACHDEVA 2024.02.05 16:59 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-60118-2023 -2any pressure or coercion and out of their free will and the complainant has also made statement to the effect that she would have no objection if the FIR qua the accused-petitioner is quashed. 4.

The trial Court has annexed the statements of the parties in original, along with its report.

5.

Learned State counsel too 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.

6.

In view of the report of the learned Judicial Magistrate 1st Class, Sangrur, 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.

6.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. February 5th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.02.05 16:59 I attest to the accuracy and integrity of this document.

Chandigarh