Sandeep Kumar And Others v. State Of Punjab & Another
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M-60793-2024 Date of decision: May 14th, 2025 Sandeep Kumar and others .....Petitioners
Versus
State of Punjab and others .....Respondents
CORAM:
HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present:
Mr. Jogender Pundir, Advocate for the petitioners.
Mr. Gautam Thapar, Senior Deputy Advocate General, Punjab.
Mr. Rajpal Singh Chauhan, Advocate for respondent No.2 to 5.
MANJARI NEHRU KAUL, J. (ORAL) The instant petition is for quashing of FIR No.87 dated 22.06.2024 under Sections 323, 341, 506, 148 and 149 of the IPC, registered at Police Station Sadar, Kapurthala and all consequential proceedings arising therefrom, on the basis of compromise dated 22.11.2024 (Annexure P-2) arrived at, between the parties. 2.
Vide order dated 29.01.2025 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 28.02.2025 to get their statements recorded regarding the compromise arrived at, between them.
3.
Report has since been received from learned Additional Chief Judicial Magistrate, Kapurthala, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived PUNEET SACHDEVA 2025.05.14 15:22 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-60793-2024 -2at between the parties stands verified and confirmed. As 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 private respondents No.2 to 4 have also made statement to the effect that they would have no objection if the FIR qua the accused-petitioners is quashed.
4.
The trial Court has annexed the copies of the statements of the parties, along with its report.
5.
Learned State counsel too submits that there are no other accused other than the petitioners and the private respondents are the only aggrieved persons in the FIR in question. 6.
In view of the report of the learned Additional Chief Judicial Magistrate, Kapurthala, and the principles laid down by Hon'ble 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. 7.
Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. May 14th, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No PUNEET SACHDEVA 2025.05.14 15:22 I attest to the accuracy and integrity of this document Chandigarh