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High Court of Punjab and HaryanaCRM-M/61659/2024allowed

Bikkar Singh And ORS v. State Of Punjab And ORS

2025-01-10Mr. Justice Harpreet Singh Brar5 pages

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 249-2 Date of Decision: 10.01.2025 BIKKAR SINGH AND OTHERS .... PETITIONERS V/S STATE OF PUNJAB AND OTHERS .... RESPONDENTS CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present :

Mr. Rahul Garg, Advocate for the petitioners.

Mr. Nitesh Sharma, D.A.G., Punjab.

Mr.Dhiraj Jindal, Advocate for respondents No.2 and 3.

**** HARPREET SINGH BRAR J.(ORAL) 1.

This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of DDR No.23 dated 13.05.2020, under Sections 341, 323, 506, 148, 149 of the Indian Penal Code 1860 (for short 'IPC'), (Section 201 of IPC added later on) registered at Police Station Sadar Dhuri, District Sangrur (Annexure P-1) regisetered in cross FIR No.185 dated 12.05.2020, under Sections 341, 323, 325, 506, 148, 149 of the IPC (Section 201 of IPC added later on), registered at Police Station Sadar Dhuri, District Sangrur along with all subsequent proceedings arising therefrom on the basis of compromise dated 18.11.2024 (Annexure P-2).

-22.

The following order was passed on 12.12.2024: "The petitioners arraigned as accused in the DDR captioned below, has come up before this Court under Section 528 BNSS, 2023 to quash the DDR and all consequential proceedings based on the compromise amicably arrived at between the parties.

Notice served upon the official respondent through the State's counsel. In case the State wants to file its response, they must do so positively before the next date. Counsel appearing for the private respondent states on instructions that there is no objection if the DDR and all consequent proceedings mentioned in this petition are quashed.

Given above, the petitioners and the private respondents, and all other victim(s), if not arraigned as respondents, to appear before the concerned Trial Court/Illaqa Magistrate/Duty Magistrate on or before 20.12.2024, for getting their statements recorded with regard to the compromise arrived at between them. Before recording their statements, the Ld. Judge should ensure the following aspects and send the report, in the following format, preferably before the next date fixed in this court:

Name of the reporting Court DDR Dated Police Station Sections No.

13.05.2020 Sadar Dhuri, District Sangrur 341, 323, 325, 506, 148, 149 IPC (Section 201 IPC added later on)

-3FIR No.

Dated Police Station Sections 12.05.2020 Sadar Dhuri, District Sangrur 341, 323, 325, 506, 148, 149 IPC (Section 201 IPC added later on) Criminal Case no. before trial Court 1.

Names of the complainant/ victims(s)/aggrieved persons(s) 2.

Dates on which the statement(s) of the complainant/victims(s)/aggrieved persons(s) were recorded 3.

Has the identity of the complainant/ victims(s)/aggrieved persons(s) been verified?

4.

Whether all the victims/ all the aggrieved persons have compromised the matter?

5.

Is there pressure, threat, or coercion upon the victim(s)/aggrieved person(s)/complainant?

6.

Names of the accused person(s) 7.

Dates on which the statement(s) of the accused persons(s) recorded 8.

Whether all the accused have compromised the matter? If no, then the names of the accused who have compromised.

9.

Whether proclamation proceedings are pending against any accused?

10. Has the police report been filed or not?

11.

Notice of accusation /Charges have been framed or not?

12. Sections of statutes invoked in the matter

-413. Whether the court is satisfied with the genuineness of the compromise?

There would be no need for a certified copy of this order, and any Advocate for the Petitioners/State can download this order and other particulars as may be required, from the official web page of this Court, and attest it to be a true copy. The concerned court can also verify its authenticity and may download and use the downloaded copy for immediate use, if required. List on 10.01.2025."

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 DDR No.23 dated 13.05.2020, under Sections 341, 323, 506, 148, 149 of the Indian Penal Code 1860 (for short 'IPC'), (Section 201 of IPC added later on) registered at Police Station Sadar Dhuri, District Sangrur (Annexure P-1) regisetered in cross FIR No.185 dated 12.05.2020, under Sections 341, 323, 325, 506, 148, 149 of the Indian Penal Code 1860 (Section 201 of IPC added later on, registered at Police

-5Station Sadar Dhuri, District Sangrur (Annexure P-1) along with all subsequent proceedings arising therefrom are quashed, qua the petitioners. (HARPREET SINGH BRAR) JUDGE 10.01.2025 anju Whether speaking/reasoned Whether Reportable