Punjab-Haryana High Court
Joga Singh And Others vs State Of Punjab And Others on 12 March, 2024
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2024:PHHC:035439
2024:PHHC:035439
CRM-M-47517-2023
-1-
204-2
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-47517-2023
Date of decision:-12.03.2024
Joga Singh and others
...Petitioners
Versus
State of Punjab and others
...Respondents
CORAM : HON'BLE MR. JUSTICE SUVIR SEHGAL
Present : Mr.Gurpreet Singh, Advocate for
Mr.Ramnish Puri, Advocate
for the petitioners.
Mr.Amit Chaudhary, DAG, Punjab.
Mr.Sukhbir Maandi, Advocate
for respondents No.2 and 3.
****
SUVIR SEHGAL, J.(ORAL)
1. Instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.90 dated 29.04.2023, under Sections 336, 436, 427, 148, 149 IPC and Sections 25 & 27 of Arms Act, 1959, registered at Police Station Jandiala, District Amritsar (Annexure P1), along with all subsequent proceedings arising therefrom, on the basis of compromise dated 26.08.2023, Annexure P2, arrived at between the parties.
2. Counsel for the petitioners submits that although it has been reported that petitioner No.3 Manraj Singh is involved in three other criminal cases but all the cases are under trial.
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3. Counsel for the respondents No.2 and 3 has admitted the factum of compromise.
4. Heard counsel for the parties.
5. Pursuant to order dated 30.11.2023 passed by this Court, report has been received from the Judicial Magistrate, relevant extract of which is as under:-
"1. There are three accused involved in this FIR and three have appeared in Court today. No accused is absconding/proclaimed offender in this case.
2. Complainant in the present case is Baljit Kaur w/o Baljeet Singh. Karamjit Singh son of Baljeet Singh is a victim. The complainant and the victims have appeared and made their statement in the support of the compromise.
3. Challan has not been presented in the Court till date.
4. Compromise between the parties is genuine, voluntary, without any fear, pressure, threat or coercion and is not the result of any fraud or misrepresentation and is the result of free will of the parties.
5. There are three cases pending against accused Manraj Singh son of Joga Singh in addition the present case which are respectively 1. FIR No.109/2021 u/s 21 NDPS Act, PS Sadar Tarn Taran. 2. FIR No.161/2022 PS Chatiwind, U/s 379B, 25, 54, 59 Arms Act. 3. FIR No.210/2023 U/s 15 NDPS Act, PS Srikaranpur, SGNR, Rajasthan. No other case is pending against other accused."
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6. In view of the report given by the learned Magistrate and judgment of the Supreme Court in Gian Singh Versus State of Punjab and another, 2012(4) RCR (Criminal) 543 and a Full Bench of this Court in Kulwinder Singh vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this Court is of the view that keeping the criminal proceedings alive would not serve any purpose and setting them aside would enable the parties to lead a harmonious and peaceful life.
7. Accordingly, the petition is allowed. FIR No.90 dated 29.04.2023, under Sections 336, 436, 427, 148, 149 IPC and Sections 25 & 27 of Arms Act, 1959, registered at Police Station Jandiala, District Amritsar, Annexure P1, along with all subsequent proceedings arising therefrom, are quashed qua the petitioners.
(SUVIR SEHGAL)
12.03.2024 JUDGE
Brij
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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