Punjab-Haryana High Court
Baljinder Singh And Others vs State Of Punjab And Another on 18 November, 2024
Neutral Citation No:=2024:PHHC:151772
CRM-M-34266-2024 (O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
276 CRM-M-34266-2024 (O&M)
Date of Decision: 18.11.2024
BALJINDER SINGH AND OTHERS ....Petitioners
VERSUS
STATE OF PUNJAB AND ANR ....Respondents
CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. Achin Gupta, Advocate for the petitioners.
Mr. Rubal Pawar, AAG, Punjab.
Mr. Amaninder Singh Sekhon, Advocate
for respondent no.2.
MANISHA BATRA, J. (Oral)
The present petition has been filed under Section 482 of Code of Criminal Procedure for quashing of Complaint No.COMI/160/2019 dated 09.10.2019 titled as 'Gurlal Singh Vs. Baljinder Singh Etc." under Sections 326, 324, 323, 341, 148, 149, 120-B, 506 of IPC pending in the Court of learned Judicial Magistrate 1st Class, Faridkot for 17.07.2024 and summoning order dated 03.11.2022 passed by learned JMIC, Faridkot along with consequent proceedings arising therefrom on the basis of compromise dated 08.07.2024.
2. This Court vide order dated 07.08.2024 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise.
3. Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate 1st Class, Faridkot and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has 1 of 2 ::: Downloaded on - 23-11-2024 15:41:38 ::: Neutral Citation No:=2024:PHHC:151772 CRM-M-34266-2024 (O&M) 2 submitted report dated 16.08.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. Statement of petitioner no.5 has been recorded through his Special Power of Attorney holder-Kulbir Singh Warring (petitioner no.4)
4. Status report has been filed by respondent-State. The same is taken on record and be tagged at the appropriate place.
5. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties.
6. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR.
7. 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 State of Punjab and others (2012) 10 SCC 303, this petition is allowed and quashing of Complaint No.COMI/160/2019 dated 09.10.2019 titled as 'Gurlal Singh Vs. Baljinder Singh Etc." under Sections 326, 324, 323, 341, 148, 149, 120-B, 506 of IPC pending in the Court of learned Judicial Magistrate 1st Class, Faridkot for 17.07.2024 and summoning order dated 03.11.2022 passed by JMIC, Faridkot and all subsequent proceedings arising therefrom on the basis of compromise dated 08.07.2024 (Annexure P-4) are quashed qua the petitioners.
( MANISHA BATRA ) 18.11.2024 JUDGE Deepak Patwal
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No 2 of 2 ::: Downloaded on - 23-11-2024 15:41:38 :::