Punjab-Haryana High Court
Kalkata Singh vs State Of Punjab And Another on 30 January, 2024
Neutral Citation No:=2024:PHHC:012557
2024:PHHC:012557
272 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-20156-2023
Date of decision: 30.01.2024
KALKATA SINGH
...PETITIONER
V/S
STATE OF PUNJAB AND ANOTHER
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: None for the petitioner.
Mr. Subhash Godara, Addl. A.G., Punjab.
None for respondent No.2.
****
HARPREET SINGH BRAR J. (ORAL)
This petition has been filed under Section 482 of the Code of
Criminal Procedure seeking quashing of FIR No.229 dated 30.10.2020
registered under Sections 307, 452, 506 of Indian Penal Code and Sections 25
and 27 of Arms Act at Police Station Talwandi Sabo, District Bathinda
(Annexure P-1) and all subsequent proceedings arising therefrom in view of
the compromise dated 04.02.2023 (Annexure P-2) effected between the parties.
2. The following order was passed on 01.12.2023:
"Mr. Harpreet Singh Puri, Advocate puts in
appearance on behalf of respondent No.2 and filed his
memorandum of appearance in the Court today. Registry is
directed to tag it at the appropriate place.
In view of the compromise arrived at between the
parties, let the parties appear before the trial Court/Area
Magistrate, as the case may be, within a period of two weeks
from today for getting their statements recorded with regard to
the compromise. Trial Court is directed to report on the
following points:-
(i) how many total accused are facing the trial;
(ii) whether any of the accused was declared proclaimed
offender at any stage of trial;
(iii) status/stage of the trial/case;
(iv) to record the statements of all the concerned parties
with regard to the genuineness and validity or
otherwise of the compromise;
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(v) to record the statement of Investigating Officer with
regard to points No.(i), (ii) and (iii) as above.
Report be sent through District and Sessions
Judge, before the next date of hearing.
Adjourned to 30.01.2024."
3. There is no representation on behalf of the parties, however, in
compliance of the above order, a report has been received from the concerned
jurisdictional Court that the compromise between the parties is genuine and
arrived at without any pressure or coercion from anyone.
4. A perusal of the record shows that it is a case of no injury. As
such, no offence under Section 307 of IPC is made out. In this regard reliance
is placed on the judgment passed by the Hon'ble Supreme Court of India in
case of The State of Madhya Pradesh vs. Laxmi Narayan and others, 2019
(5) SCC 688.
4. In view of the compromise and the ratio of law laid down by the
Hon'ble Supreme Court in Narinder Singh and others vs. State of Punjab and
another, (2014) 6 SCC 466, Ramgopal and another Vs. State of Madhya
Pradesh 2021 SCC OnLine SC 834 and Shakuntala Sawhney (Mrs) Vs.
Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in
Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition
is allowed and FIR No.229 dated 30.10.2020 registered under Sections 307,
452, 506 of Indian Penal Code and Sections 25 and 27 of Arms Act at Police
Station Talwandi Sabo, District Bathinda (Annexure P-1) and all subsequent
proceedings arising out of the same are quashed, qua the petitioner.
(HARPREET SINGH BRAR)
January 30, 2024 JUDGE
manisha
(i) Whether speaking/reasoned Yes/No
(ii) Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:012557
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