Punjab-Haryana High Court
Gursewak Singh @ Sewak Dhillon And ... vs State Of Punjab And Others on 13 November, 2024
Neutral Citation No:=2024:PHHC:148449
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
271 CRM-M M No.5199 of 2023
Date of decision: 13.11.2024
GURSEWAK SINGH @ SEWAK DHILLON AND OTHERS
.... Petitioners
Versus
STATE OF PUNJAB AND OTHERS .... Respondents
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr Kuldip Singh,, Advocate for the petitioner
Mr. petitioners.
Mr. Satjot Singh, A.A.G., Punjab.
Ms. Gaganpreet Kaur, Advocate for
Mr. Sameydeen Advocate for respondents No.2 and 3.
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MANISHA BATRA, BATRA J. (oral)
1. The present petition has been filed under Section 482 of Code of Criminal Procedure for quashing of FIR No.197 dated 29.11.2022 registered under Sections 323, 324, 336, 148 and 149 of IPC and Sections 25 and 27 of Arms Act, at Police Station Jalalabad, Jalalabad, District Fazilka and all the subsequent proceedings arising therefrom, on the basis of compromise dated 17.01.2023 (Annexure P-2).
2).
2. This Court vide order dated 28.08.2023 had directed the parties to appear before the learned trial Court to get get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. However, pursuant of aforesaid order respondent No.3 did not appear before the learned trial Court and his statement could not be recorded 1 of 2 ::: Downloaded on - 17-11-2024 08:27:59 ::: Neutral Citation No:=2024:PHHC:148449 CRM-M M No.5199 of 2023 -2- on that day. Thereafter, vide order dated 25.09.2024, respondent No.3 appeared before the learned trial Court and had recorded his statement.
3. Pursuant to the aforesaid orders, learned Sub Sub-Divisional Divisional Judicial Magistrate,, Jalalabad Jala (west) had sent his report reports dated 19.09.2023 and thereafter dated 29.10.2024 qua recording statements of parties as well as the Investigating Officer to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influen influence.
4. Learned State counsel as well as counsel for respondent respondents No.2 and 3 have not disputed the factum of compromise between the parties.
5. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Cou Court in the instant FIR.
6. Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus Versus State of Punjab and others (2012) 10 SCC 303 303,, this petition is allowed and FIR No.197 dated 29.11.2022 registered under Sections 323, 324, 336, 148 and 149 of IPC and Sections 25 and 27 fo Arms Act, at Police Station Jalalabad, District Fazilka and all subsequent proceedings arising therefrom on the basis of compromise dated 17.01.2023 (Annexure P-2)) are quashed qua the petitioners.
petitioners.
(MANISHA BATRA) 13.11.2024 JUDGE Jyoti-IV Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No 2 of 2 ::: Downloaded on - 17-11-2024 08:28:00 :::