Jaswinder Singh And Anr vs State Of Punjab And Anr
2023 Latest Caselaw 16570 P&H

                                                  Neutral Citation No:=2023:PHHC:125501




                                                  2023:PHHC:125501
CRM-M-34842-2023
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       IN THE HIGH COURT OF PUNJAB AND HARYANA
            AT CHANDIGARH

                                       CRM-M-34842-2023
                                       Date of decision:-22.09.2023
Jaswinder Singh and another
                                                                 ...Petitioners

                   Versus

State of Punjab and another
                                                              ...Respondents

CORAM : HON'BLE MR. JUSTICE SUVIR SEHGAL

Present : Ms.Ameesha Goel, Advocate for
          Mr.Siddharth Sharma, Advocate
          for the petitioners.

            Mr.A.P.S. Tung, DAG, Punjab.

            Mr.Sanjeev Sharma, Advocate for
            Mr.Aadesh Panjabi, Advocate
            for 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.74 dated

22.06.2018, under Sections 379 and 506 IPC, registered at Police Station

Talwandi Chaudhrian, District Kapurthala, Annexure P1, along with all

subsequent proceedings arising therefrom, on the basis of compromise

dated 27.07.2022, Annexure P2, arrived at between the parties.

2. Counsel for the petitioners submits that the FIR is an

outcome of petty family dispute, which has been amicably settled

between the parties.

3. Counsel for respondent No.2/complainant has admitted the

factum of compromise.

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2023:PHHC:125501 CRM-M-34842-2023

4. Heard counsel for the parties.

5. Pursuant to order dated 21.07.2023 passed by this Court,

report has been received from the Trial Court, relevant extract of which

is as under:-

"(I) The report u/s 173 Cr.P.C. is already filed in the Court on

14.11.2018 against both two accused/petitioners. Both

accused/petitioners are appearing in the Court and no accused is

declared proclaimed person/offender.

(II) There is only one complainant namely Bikramjit Singh @

Bikka son of Late Sukhdev Singh. There are two accused namely

Jaswinder Singh son of Bachan Singh and Amrinder Singh son of

Jaswinder Singh. The complainant as well as both the accused are

party to the present petition and all of them have made statements

in the Court qua the compromise.

(III) The trial is pending at the stage of framing charge.

(IV) The compromise between the parties appears to be genuine

and voluntary. Both the accused had entered into compromise and

statement of both accused/petitioner are recorded.

Victim/respondent no.2 Bikramjit Singh also suffered a statement

that petitioner no.1 Jaswinder Singh S/o Bachan Singh had

lodged one FIR No.05 dated 05.01.2018, U/s 448/380 of IPC P.S.

Talwindi Chaudhrian against him and other eight persons. As per

compromise the said FIR no.05 dated 05.01.2018 has also been

quashed vide order dated 25.5.2023 passed by the Hon'ble High

Court in CRM-M-45158 of 2022. He further stated that now he

has entered the compromise voluntarily.

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(V) No other FIR is reported against accused/petitioners or the

complainant.

Compromise between parties appears to be genuine and

without any undue influence or pressure. It is further submitted

that cross case between the parties bearing FIR no.05 dated

05.01.2018, U/s 448/380 of IPC P.S. Talwandi Chaudhrian

against present respondent/complainant namely Bikramjit Singh

& Ors. is already quashed by way of compromise. Thus, both the

parties wants to put an end to the litigation between them as both

the parties are close family members.

6. In view of this development, report of the Trial Court 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

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.74 dated

22.06.2018, under Sections 379 and 506 IPC, registered at Police Station

Talwandi Chaudhrian, District Kapurthala, Annexure P1, along with all

subsequent proceedings arising therefrom, are quashed qua the

petitioners.

                                                  (SUVIR SEHGAL)
22.09.2023                                           JUDGE
Brij
Whether reasoned/speaking :                Yes/No
Whether reportable        :                Yes/No

Neutral Citation No:=2023:PHHC:125501

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