Punjab-Haryana High Court
Sadhu Singh And Others vs State Of Punjab And Others on 21 October, 2024
Neutral Citation No:=2024:PHHC:137439
CRM-M-44433-2024 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
281 CRM-M-44433-2024
Date of decision: 21st October, 2024
Sadhu Singh and others
...Petitioners
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present: Mr. Abhinav Jain, Advocate for the petitioners.
Mr. A.S. Samra, AAG, Punjab.
Mr. Simranjeet Singh, Advocate for
Mr. Arnav Kumar, Advocate for respondents No. 2 and 3.
***
MANISHA BATRA, J (ORAL):-
Prayer in this petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') is for quashing of FIR No. 160 dated 17.12.2021 registered under Sections 452, 427, 149 and 506 of IPC, 1860 at Police Station Badhni Kalan, District Moga and all subsequent proceedings arising therefrom on the basis of compromise dated 22.08.2024 (Annexure P-2).
2. This Court vide order dated 09.09.2024 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.
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3. Pursuant to the aforesaid order, parties have appeared before Sub Divisional Judicial Magistrate, Nihal Singh Wala and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 07.10.2024 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 F.I.R. 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. 160 dated 17.12.2021 registered under Sections 452, 427, 149 and 506 of IPC, 1860 at Police Station Badhni Kalan, District Moga and all subsequent proceedings arising therefrom on the basis of compromise dated 22.08.2024 (Annexure P-2) are quashed qua the petitioners.
[MANISHA BATRA] JUDGE 21st October, 2024 Parveen Sharma
1. Whether speaking/ reasoned : Yes / No
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