High Court of Punjab and HaryanaCRM-M/55660/2024allowed

Satnam Singh v. State Of Punjab And ANR

2025-05-02Mrs. Justice Sukhvinder Kaur3 pages

231+237

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 02.05.2025 1.

Satnam Singh ....Petitioner

Versus

State of Punjab and another ....Respondent 2.

CRM-M-55666-2024 Jagtar Singh And Others ....Petitioner

Versus

State of Punjab and anr ....Respondent CORAM: HON'BLE MR. JUSTICE SUKHVINDER KAUR

Present:

Mr. H.K. Brinda, Advocate for the petitioner. Mr. Ajaib Singh, Addl. Advocate General, Punjab. Mr. Angrej Singh, Advocate for respondent No.2. **** SUKHVINDER KAUR , J. (Oral) The present petitions have been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No. 0059 dated 19.06.2019, under sections 323/325 IPC (Section 201 IPC added later on), registered at Police Station Sadar Rupnagar, District Rupnagar by the Petitioner vide CRM-M-55660-2024 who is respondent in CRM-M55666-2024 and for quashing of Rapat No. 19 dated 19.06.2019, crosscase under Sections 323/325/506/34 IPC (Section 201 IPC added later on), registered at Police Post Ghanauli, PS Sadar Rupnagar by Petitioner vide CRM-M-55666-2024, who is respondent in CRM-M-55660-2024 on the basis of compromise dated 07.06.2019 (Annexure P-2).

This Court vide order dated 08.11.2024 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send the report qua genuineness of the compromise.

Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate 1st Class, Rupnagar and got their statements recorded. On the basis of statements so recorded, learned Magistrate has submitted her report dated 07.01.2025 in CRM-M-55660-2024 and report dated 30.04.2025 in CRM-M-55666 of 2024. Vide both the aforesaid reports, learned Magistrate has submitted that as per the statement of the parties the compromise dated 07.06.2019 effected between them appears to be genuine, voluntary and without any coercion or undue influence. Vide report dated 07.01.2025, learned Magistrate has also submitted that Accused-Satnam Singh has moved CRM-M-55660 of 2024 before this Court for quashing of FIR No. 59 dated 19.06.2019 u/s 323/325 of IPC and Section 201 of IPC(Section 201 of IPC added later on) registered at P.S.

Sadar, Rupnagar. It was further submitted that aforesaid FIR were registered at the instance of Jagtar Singh, against accused Satnam Singh and no accused has been declared as proclaimed person in the present case. Vide report dated 30.04.2025, the learned Magistrate has submitted that the Accused-Jagtar Singh has moved CRM-M-55666-2024 for quashing of DDR/Rapat No. 19 dated 19.06.2019 u/s 323/325/506/34 of IPC(Section 201 added later on) registered at PP Ghanauli, P.S. Sadar, Rupnagar on the basis of compromise dated 07.06.2019. She has further submitted that as per the statement dated 24.12.2024 of Investigating Officer-ASI Samarjit Singh, No. 566/R, posted at ICPP Ghanauli, P.S.

persons in the aforesaid DDR/Rapat no. 19 dated 19.06.2019 and no accused has been declared as proclaimed person and there is only one complainant namely Satnam Singh and no eye-witness (victim) in the present case.

Learned State Counsel as well as counsel for respondent No. 2 have not disputed the factum of compromise between the parties. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR No. 0059 dated 19.06.2019 and cross case Rapat No. 19 dated 19.06.2019. Following the principles laid down by the Full Bench Judgment of this Court in Kulwinder Singh and others Vs. State of Punjab and another 2007(3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, the present petitions are allowed and FIR No. 0059 dated 19.06.2019 u/s 323/325 IPC(Section 201 IPC added lateron) and cross case Rapat No. 19 dated 19.06.2019 under Sections 323/325/506/34 IPC (Section 201 IPC added later on) registered at PP Ghanauli Police Station Sadar Rupnagar, District Rupnagar and all subsequent proceedings arising therefrom, on the basis of compromise dated 07.06.2019 (Annexure P-2) are quashed qua the petitioners.

(SUKHVINDER KAUR) May 02, 2025 JUDGE harjeet/sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No