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High Court of Punjab and HaryanaCRM-M/62148/2024allowed

Harjinder Singh And Others v. State Of Punjab And Others

2025-03-18Mr. Justice Harpreet Singh Brar3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-62148-2024 (O&M) Date of decision: 18.03.2025 Harjinder Singh and Others ....Petitioners

Versus

State of Punjab and Others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. B.S. Bairagi, Advocate for the petitioners.

Mr. Rishabh Singla, AAG, Punjab.

Mr. Harjinder Singh, Advocate for respondents No.2 to 6.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of GD No.41 dated 05.11.2022 under Sections 323/324/148/149 of IPC (Section 326 of IPC added later on) (Annexure P-1) registered in FIR No.259 dated 05.11.2022 (Annexure P-2) registered at Police Station Dharamkot District Moga, and all other subsequent proceedings arising therefrom in view of the compromise dated 18.11.2024. 2.

The following order was passed on 16.01.2025:- "XX XX XX XX Notice of motion for 15.02.2025.

At this stage, on the asking of the Court, Mr. Subhash Godara, Addl.A.G., Punjab accepts notice on behalf of

respondent No.1-State. Copy of the paper book be supplied to him during the course of day. Learned counsel for the petitioners undertakes to secure the presence of respondents No.2 to 6 before the learned trial Court at the time of recording the statement.

In the meanwhile, the parties are directed to appear before the learned trial Court/Illaqa Magistrate within two weeks from today or any other date convenient to the trial Court/Illaqa Magistrate, to get their statements recorded regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed.

A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance." 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 GD No.41 dated 05.11.2022 under Sections 323/324/148/149 of IPC (Section 326 of IPC

added later on) (Annexure P-1) registered in FIR No.259 dated 05.11.2022 (Annexure P-2) registered at Police Station Dharamkot District Moga, and all other subsequent proceedings arising out of the same are quashed, qua the petitioners.

(HARPREET SINGH BRAR) JUDGE 18.03.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No