Punjab-Haryana High Court
Palwinder Singh And Anr vs State Of Punjab And Ors on 19 February, 2021
CRM-M-39272-2020 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
241 CRM-M-39272-2020
Date of Decision:19.02.2021
Palwinder Singh and another .....Petitioners
Versus
State of Punjab and others .....Respondents
CORAM: HON'BLE MR.JUSTICE HARI PAL VERMA.
Present: Mr. Vinod K. Kaushal, Advocate,
for the petitioners.
Mr. H.S. Multani, A.A.G., Punjab,
for respondent No.1-State.
None for the respondent Nos.2 and 3.
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HARI PAL VERMA, J.(Oral)
The matter has been taken up for hearing through video
conferencing due to outbreak of COVID-19.
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of FIR No.191 dated 11.09.2020 under Sections 354, 354-D, 341,
506 IPC, registered at Police Station Khilchian, District Amritsar Rural,
Amritsar (Annexure P-1) and all the consequential proceedings arising
therefrom on the basis of compromise deed dated 13.11.2020
(Annexure P-2).
This Court vide order dated 26.11.2020 had directed the parties
to appear before the Illaqa Magistrate/trial Court to get their statements
recorded and the learned trial court was directed to send its report qua the
genuineness of the compromise.
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Pursuant to the aforesaid order, parties have appeared before
learned Sub Divisional Judicial Magistrate, Baba Bakala Sahib, District
Amritsar and got their statements recorded. On the basis of the statements
so recorded, learned Magistrate has submitted report dated 06.01.2021 to
the effect that the compromise arrived at between the parties is voluntarily,
out of their free will and without any pressure or coercion and the same
appears to be genuine one.
Though no one is present on behalf of respondent No.2-
complainant, namely, Harmanpreet Kaur in Court today, but no prejudice
would be caused to her as she has already made a statement with regard to
compromise before learned Magistrate on 17.12.2020. The same is
reproduced as under:-
"Stated that the above said FIR was registered on my statement
against (1) Palwinder Singh son of Sukhdev Singh and (2)
Sukhwinder Singh @ Sukh son of Sukhdev Singh, both residents
of village Chajjalwadi, Tehsil Baba Bakala Sahib, District
Amritsar. Accused of this case are petitioners in this petition.
Now I have compromised the matter with the above said accused
persons with the intervention of respectable persons.
Compromise has been effected without any pressure on parties
and without any coercion and with free will of the parties to the
disputes. Accused are not proclaimed offender in this case. No
other person is involved in the present FIR. Challan has not yet
presented in this case. I have no objection if the above said FIR
be quashed."
Apart from above, a similar statement has also been made by
respondent No.3-Sukhdev Singh, whereby he has shown no objection to the
present FIR being quashed.
Learned State counsel has not disputed the factum of
compromise between the parties.
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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.191 dated 11.09.2020
under Sections 354, 354-D, 341, 506 IPC, registered at Police Station
Khilchian, District Amritsar Rural, Amritsar (Annexure P-1) and all the
consequential proceedings arising therefrom are hereby quashed qua the
petitioners on the basis of compromise deed dated 13.11.2020
(Annexure P-2), subject to payment of costs of `10,000/- to be paid by the
petitioners, within a period of two months from today with the Bar
Association of this Court.
February 19, 2021 (HARI PAL VERMA)
seema JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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