Jarnail Singh And ORS v. State Of Punjab And ANR
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRM-M-59726-2024 (O&M) Date of decision: 18.03.2025 Jarnail Singh and others ....Petitioners
Versus
State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present:
Ms. Apurva Walia, Advocate with Mr. Manik Moudgil, Advocate for Mr. Saurav Bhatia, Advocate for the petitioners.
Mr. Rishabh Singla, AAG, Punjab.
Mr. Kuljinder Singh Billing, Advocate for respondent No.2.
HARPREET SINGH BRAR J. (Oral) 1.
This petition has been filed under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') seeking quashing of FIR No.101 dated 01.10.2022 registered under Sections 420 and 120-B IPC at Police Station Sadar Banga, District Shaheed Bhagat Singh Nagar (Nawanshahr), and all other subsequent proceedings arising therefrom in view of the compromise dated 06.11.2024 (Annexure P-3) including the order dated 12.03.2024, passed by learned Chief Judicial Magistrate, S.B.S. Nagar.
2.
The following order was passed on 28.11.2024:- "XX XX XX XX
Learned counsel for the petitioners has submitted that the parties have compromised the matter and as such, the present FIR is liable to be quashed. He further submits that petitioner No.3, namely, Rajpreet Kaur is abroad and thus, her statement be recorded through virtual mode. Notice of motion.
Mr. Tarun Aggarwal, Sr. DAG, Punjab, accepts notice on behalf of the State and Mr. Kuljinder Singh Billing, Advocate, accepts notice on behalf of respondent No.2.
Learned counsel for respondent No.2 has endorsed the contention raised by learned counsel for the petitioners and has not denied the factum of compromise effected between the parties.
Adjourned to 18.03.2025.
In the meanwhile, both the parties are directed to appear before the concerned Illaqa/Duty Magistrate on 13.01.2025 for recording their statements (statement of petitioner No.3 be recorded through virtual mode), who shall record their respective statements with regard to the genuineness/correctness of the compromise and that the compromise is not the result of any fraud or misrepresentation and is the result of free will of the parties. It shall also be verified that besides the accused (petitioners) mentioned in the petition, there is no other accused in the FIR and the parties are not involved or declared proclaimed offender in any other criminal case. Learned Magistrate would ensure the identity of petitioner No.3 while recording her statement through VC. The Illaqa Magistrate/Duty Magistrate shall send his/her report through learned Sessions Judge concerned on or before the date fixed before this Court."
3.
In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from anyone.
4.
In view of the compromise and the ratio of law laid down by the Hon'ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466 and Shakuntala Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition is allowed and FIR No.101 dated 01.10.2022 registered under Sections 420 and 120-B IPC at Police Station Sadar Banga, District Shaheed Bhagat Singh Nagar (Nawanshahr), and all other subsequent proceedings arising therefrom as well as the order dated 12.03.2024, passed by learned Chief Judicial Magistrate, S.B.S. Nagar, are quashed, qua the petitioners. (HARPREET SINGH BRAR) JUDGE 18.03.2025 yakub Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No