Punjab-Haryana High Court
Jamna Dass And Others vs State Of Punjab And Others on 21 September, 2023
Neutral Citation No:=2023:PHHC:124325
2023:PHHC:124325
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
275
CRM-M-33237-2023
Date of decision: 21.09.2023
Jamna Dass and others .....Petitioners
Versus
State of Punjab and others .....Respondents
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present : Mr. Yadwinder Singh, Advocate for
Mr. Ankur Bansal, Advocate
for the petitioners.
Mr. Mohit Kapoor, Addl. A.G., Punjab.
Mr. D.S. Bhinder, Advocate for
Mr. Keshav Chadha, Advocate
for respondents No.2 to 7.
****
MANJARI NEHRU KAUL, J. (ORAL)
1. The instant petition is for quashing of FIR No.79 dated
20.05.2017 registered under Sections 323, 342, 506, 148 and 149 IPC
and Section 325, 201, 34 IPC (added later on) at Police Station Bhargo
Camp, District Jalandhar and all the subsequent proceedings arising
therefrom including judgment of conviction and order of sentence dated
09.11.2021 passed by leaned Chief Judicial Magistrate (NRI Court),
Jalandhar on the basis of compromise (Annexure P-3).
2. Learned counsel for the petitioners submits that the parties
have arrived at an amicable settlement subsequent to the conviction of
the petitioners in above mentioned case FIR. In support of his
submissions, he has placed reliance upon judgment of this Court in
Sube Singh and another Vs. State of Haryana and another : 2013(4)
1 of 3
Neutral Citation No:=2023:PHHC:124325
2023:PHHC:124325
RCR (Criminal) 102 and Hon'ble Supreme Court in Criminal Appeal
No.1393 of 2011 titled as 'Ramawtar Vs. State of Madhya Pradesh'
decided on 25.10.2021 : LL 2021 SC 589 wherein it has been held that
the powers of the Court under Section 482 of the Cr.P.C. can be
invoked to quash a complaint/FIR on the basis of a voluntary
compromise even at the post conviction stage.
3. Vide order dated 13.07.2023 of this Court, the parties were
directed to appear before the Lower Appellate Court on 17.08.2023 to
get their statements recorded regarding the compromise arrived at,
between them.
4. Report has since been received from learned Additional
District & Sessions Judge, Jalandhar, in pursuance of the direction of
this Court, wherein, the factum of the compromise arrived at between
the parties stands verified and confirmed. As per the report compromise
has indeed been effected between the parties and the same is without
any pressure or coercion and out of their free will and respondents No.2
to 7 have also made statements to the effect that they would have no
objection if the FIR qua the petitioners is quashed.
5. The learned Additional District & Sessions Judge,
Jalandhar has annexed statements of the parties in original alongwith
his report.
6. In view of the report of the learned Additional District &
Sessions Judge, Jalandhar and the principles laid down by the Apex
Court in Criminal Appeal No.1393 of 2011 titled as 'Ramawtar Vs.
State of Madhya Pradesh' decided on 25.10.2021 : LL 2021 SC 589
and this Court in Sube Singh and another Vs. State of Haryana and
2 of 3
Neutral Citation No:=2023:PHHC:124325
2023:PHHC:124325
another : 2013(4) RCR (Criminal) 102, the instant petition is allowed.
The aforesaid FIR and all consequential proceedings arising therefrom
including judgment of conviction/order of sentence dated 09.11.2021
passed by leaned Chief Judicial Magistrate (NRI Court), Jalandhar, are
quashed qua the petitioners.
7. Needless to say the parties shall remain bound by the terms
of compromise and their statements recorded before the Court below.
21.09.2023 (MANJARI NEHRU KAUL)
Vinay JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:124325
3 of 3
