Punjab-Haryana High Court
Major Singh And Ors vs State Of Punjab And Another on 16 December, 2023
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2023:PHHC:161984
Neutral Citation No. 2023:PHHC:161984
CRM-M-5798-2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(220-2) CRM-M-5798-2022
Date of Decision:- 16.12.2023
Major Singh and others
...Petitioners
VERSUS
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr.C.S.Rana, Advocate for the petitioners.
Mr. Harkanwarjeet Singh, AAG, Punjab.
for State-respondent No.1.
Ms. Arshdeep Kaur, Advocate for
Mr. Akshay Rana, Advocate for the respondent No.2.
***
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.135, dated 09.07.2019,
registered for offences under Sections 324, 506, 379-B, 148 and 149 IPC, at
Police Station Sidhwan Bet, District Ludhiana Rural Annexure P-1, along
with all subsequent proceedings arising therefrom, on the basis of
compromise dated 23.12.2021, Annexure P-2, arrived at between the
parties.
2. Status report by way of affidavit of DSP, Jagraon, District
Ludhiana (Rural) has been filed on behalf of the State-respondent No.1 in
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Neutral Citation No:=2023:PHHC:161984
Neutral Citation No. 2023:PHHC:161984
CRM-M-6757-2022. By making a reference to the status report, State
counsel submits that offence under Section 379-B of IPC has been deleted.
On verbal instructions, he submits that on completion of investigation,
cancellation report has been filed both in the FIR as well as in the DDR.
3. Counsel representing complainant-respondent No.2 submits that
he does not have any objection in case the criminal proceedings are set
aside.
4. Heard counsel for the parties.
5. Pursuant to orders passed by this Court, report has been received
from the learned Judicial Magistrate, relevant extract of which is as under:-
" I am satisfied with regard to the authenticity of
the compromise and the fact that it has been arrived at
without any kind of undue influence or pressure. The above
named parties have placed on record their identity proofs
which are correct as per original and copies of the same are
attached herewith for your kind perusal and both the above
named parties have been duly identified by their respective
counsel.
It was assured before hand that both the
petitioners and complainant are giving their statements
voluntarily without any pressure and I am satisfied that, the
compromise effected between them is genuine and voluntary
and without any coercion or undue influence."
6. In view of the report given by the learned Magistrate and the
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 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
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Neutral Citation No:=2023:PHHC:161984
Neutral Citation No. 2023:PHHC:161984
proceedings alive would not serve any purpose and setting them aside
would bring an end to the animosity enabling the parties to lead a
harmonious and peaceful life.
7. Accordingly, petition is allowed. FIR No. 135, dated 09.07.2019,
registered for offences under Sections 324, 506, 379-B, 148 and 149 IPC, at
Police Station Sidhwan Bet, District Ludhiana Rural Annexure P-1, along
with all subsequent proceedings arising therefrom, are quashed qua the
petitioners.
(SUVIR SEHGAL)
JUDGE
16.12.2023
pooja saini
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:161984
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