Dhanwat Singh v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-62889-2024 Date of decision: February 3rd, 2025 Dhanwant Singh .....Petitioner

Versus

State of Punjab and another .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Ravish Bansal, Advocate for the petitioner.

Mr. Baljinder Singh, Deputy Advocate General, Punjab. Ms. Navnika Tuteja, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) The instant petition is for quashing of FIR No.311 dated 07.09.2024 registered under Sections 3(1)(r) and 3(1)(s) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Police Station City Kharar, District SAS Nagar along with all consequential proceedings arising therefrom, on the basis of compromise dated 09.12.2024 (Annexure P-2) arrived at between the parties.

2.

Vide order dated 16.12.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 13.01.2025 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned SDJM, Kharar, in pursuance of the directions of this Court, wherein, the PUNEET SACHDEVA 2025.02.03 16:15 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-62889-2024 -2factum of the compromise arrived at 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 complainant has also made statement to the effect that he would have no objection if the FIR qua the accusedpetitioner is quashed. 4.

The trial Court has annexed the statements of the parties in original, along with its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioner and respondent No.2 is the only aggrieved person in the FIR in question.

6.

In view of the report of the learned SDJM, Kharar, 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. February 3rd, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2025.02.03 16:15 I attest to the accuracy and integrity of this document Chandigarh