Jaspal Dass Mahant And ANR v. State Of Punjab And Others

2024:PHHC:036932

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-77-2024 Date of decision: 14.03.2024 Jaspal Dass Mahant and another .....Petitioners

Versus

State of Punjab and others .....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Arjun Kapur, Advocate for the petitioners.

Mr. Amit Rana, Sr. DAG, Punjab for respondent No.1-State.

Mr. Deepinder Singh Virk, Advocate for respondent No.3.

**** MANJARI NEHRU KAUL, J. (ORAL) 1.

The instant petition is for quashing of FIR No.31, dated 25.02.2023, lodged under Sections 447, 427 and 511 of the Indian Penal Code, 1860 registered at Police Station Pasiana, District Patiala and all consequential proceedings arising out of the same, on the basis of compromise affidavit (Annexure P-2) arrived at, between the parties.

2.

Vide order dated 08.01.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 14.02.2024 to get their statements recorded regarding the compromise arrived at, between them. 3.

Report has since been received from learned Judicial Magistrate Ist Class, Patiala, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between Aman Dua 2024.03.15 10:03 I attest to the accuracy and authenticity of this judicial document

CRM-M-77-2024 -2the 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 complainant has also made statement to the effect that he would have no objection if the FIR qua the accused-petitioners is quashed.

4.

The Trial Court has annexed the statements of the parties in original, alongwith its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioners and respondent No.3 is the only aggrieved person in the FIR in question.

.

In view of the report of the learned Additional Sessions Judge, 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 petitioners.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 14.03.2024 (MANJARI NEHRU KAUL) Aman Dua JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Aman Dua 2024.03.15 10:03 I attest to the accuracy and authenticity of this judicial document