Punjab-Haryana High Court
Balvir Singh And Others vs State Of Punjab And Others on 15 December, 2023
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2023:PHHC:161558
2023:PHHC:161558
CRM-M-50594-2023
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-50594-2023
Date of decision:-15.12.2023
Balvir Singh and others
...Petitioners
Versus
State of Punjab and others
...Respondents
CORAM : HON'BLE MR. JUSTICE SUVIR SEHGAL
Present : Ms.Harpreet Kaur Arora, Advocate
for the petitioners.
Mr.Harkanwar Jeet Singh, AAG, Punjab.
Mr.Deepak Kumar, Advocate for
Mr.R.V.S. Chugh, Advocate
for respondents No.2 and 3.
****
SUVIR SEHGAL, J.(ORAL)
1. Instant petition has been filed under Section 482 of the
Code of Criminal Procedure, 1973 for quashing of FIR No.40 dated
25.06.2019, under Sections 452, 506, 323, 148, 149 IPC, registered at
Police Station Jodhan, District Ludhiana Rural, Annexure P1, along with
all subsequent proceedings arising therefrom, on the basis of
compromise deed dated 02.05.2023, Annexure P2, arrived at between
the parties.
2. Counsel for the petitioners submits that the FIR is an
outcome of minor altercation, which has been amicably settled between
the parties.
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3. Counsel appearing for respondents No.2 and 3 has admitted
the factum of compromise.
4. Heard counsel for the parties.
5. Pursuant to order dated 09.10.2023 passed by this Court,
report has been received from the Judicial Magistrate, relevant extract of
which is as under:-
"1. The number of accused arraigned in the FIR are 10(Ten)
and all the accused persons appeared before the Court and made
their statements with regard to compromise and no accused
person is absconding/PO in the case;
2. There is only one complainant/aggrieved person i.e. Surjeet
Singh S/o Bakhtor Singh (now deceased) and his sons namely,
Gagandeep Singh and Amandeep Singh (petitioners [sic -
respondents] no.2 and 3 before the Hon'ble Punjab and Haryana
High Court) appear before the Court and made joint statement
with regard to compromise.
3. The state (sic - stage) of the Trial/proceeding is fixed for
prosecution evidence.
4. This compromise is genuine, voluntary and out of free will
of the parties.
5. As per the statement of accused persons there is no other
criminal case pending against them.
6. In view of the report given by the learned Magistrate and
judgment of the Supreme Court in Gian Singh Versus State of Punjab
and another, 2012(4) RCR (Criminal) 543 and a Full Bench of this
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Court in Kulwinder Singh vs. State of Punjab and another, 2007(3)
RCR (Criminal) 1052, this Court is of the view that keeping the criminal
proceedings alive would not serve any purpose and setting them aside
would enable the parties to lead a harmonious and peaceful life.
7. Accordingly, the petition is allowed. FIR No.40 dated
25.06.2019, under Sections 452, 506, 323, 148, 149 IPC, registered at
Police Station Jodhan, District Ludhiana Rural, Annexure P1, along with
all subsequent proceedings arising therefrom, are quashed qua the
petitioners.
(SUVIR SEHGAL)
15.12.2023 JUDGE
Brij
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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