Punjab-Haryana High Court
Paramjit Singh And Another vs State Of Punjab And Another on 20 November, 2024
Neutral Citation No:=2024:PHHC:152720
CRM-M-50032 of 2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
285 CRM-M-50032 of 2024
Date of Decision: 20.11.2024
Paramjit Singh and another ....Petitioners
Versus
State of Punjab and another ....Respondents
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present: Mr. G.S. Brar, Advocate
for the petitioners.
Mr. Satjot Singh, AAG, Punjab.
Mr. Ankur Bansal, Advocate
for respondent No.2.
*****
Manisha Batra, J.(Oral)
1. The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short-'BNSS') for quashing of FIR No.83 dated 11.04.2019 under Sections 341, 323, 34, 506 (295-A IPC added later on) registered at Police Station Rama Mandi, District Police Commissionerate Jalandhar and all the subsequent proceedings arising therefrom, on the basis of compromise dated 05.09.2024 (Annexure P-2).
2. This Court vide order dated 04.10.2024 had directed the parties to appear before the Illaqa/Duty Magistrate 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 1 of 2 ::: Downloaded on - 21-11-2024 21:06:29 ::: Neutral Citation No:=2024:PHHC:152720 CRM-M-50032 of 2024 -2- learned Judicial Magistrate Ist Class, Jalandhar and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 08.11.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.
4. Learned State counsel as well as counsel for respondent No.2 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 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 State of Punjab and others (2012) 10 SCC 303, this petition is allowed and FIR No.83 dated 11.04.2019 under Sections 341, 323, 34, 506 and 295-A IPC (added later on) registered at Police Station Rama Mandi, District Police Commissionerate Jalandhar and all subsequent proceedings arising therefrom on the basis of compromise dated 05.09.2024 (Annexure P-2) are quashed qua the petitioners.
(MANISHA BATRA)
20.11.2024 JUDGE
D.Bansal
Whether speaking/ reasoned : Yes/ No
Whether Reportable : Yes/ No
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