Punjab-Haryana High Court
Manjinder Singh vs State Of Punjab And Another on 1 March, 2024
Neutral Citation No:=2024:PHHC:029868
CRM-M No. 60795 of 2023 1 2024:PHHC:029868
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
237
CRM-M No. 60795 of 2023
Date of Decision: 01.03.2024
Manjinder Singh .....Petitioner
Versus
State of Punjab and another .....Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: None for the petitioner.
Mr. Rishabh Singla, AAG, Punjab.
None for respondent No. 2.
****
HARPREET SINGH BRAR, J.(ORAL)
1. This is a second petition under Section 482 Cr.P.C. seeking
partial quashing of FIR No.109 dated 26.08.2018 registered under Sections
307, 452, 506, 148, 149 IPC and Sections 25 & 27 of the Arms Act, 1959 at
Police Station Jhabal, Tehsil and District Tarn Taran (Annexure P-1) and all
consequential proceedings arising therefrom in view of compromise dated
28.12.2019 (Annexure P-3) arrived at between the parties, qua the petitioner
herein.
2. The following order was passed on 05.12.2023:
"This is a second petition under Section 482 Cr.P.C. seeking
partial quashing of FIR No.109 dated 26.08.2018 registered under Sections
307, 452, 506, 148, 149 IPC and Sections 25 & 27 of the Arms Act, 1959 at
Police Station Jhabal, Tehsil and District Tarn Taran (Annexure P-1) and all
consequential proceedings arising therefrom in view of compromise dated
28.12.2019 (Annexure P-3) arrived at between the parties, qua the petitioner
herein.
Learned counsel for the petitioner contends that offence under
Section 307 IPC is not made out against the petitioner, as the perusal of the
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allegation levelled in the FIR would show that it is a case of no injury. Two
of the co-accused had approached this Court by filing CRM-M No.47803 of
2023 titled as Ajmer Singh alias Kaka and another Vs. State of Punjab and
another and the FIR qua them has already been quashed partially on
29.11.2023, in terms of the judgment passed by the Hon'ble Supreme Court
in Jayarajsingh Digvijaysingh Rana Vs. State of Gujarat and another 2012
(4) RCR (Criminal) 589 as well as judgment passed by this Court in
Parambir Singh Gill Vs. Malkit Kaur 2010 (1) RCR (Criminal) 256.
Notice of motion.
Ms. Navreet Kaur, AAG, Punjab, who is present in Court,
accepts notice for respondent No.1-State.
In view of the above, parties are directed to appear before the
Illaqa Magistrate/trial Court on 21.12.2023 or any other date convenient to
the court concerned for getting the statements of the parties recorded with
regard to the compromise. The Illaqa Magistrate/trial Court shall submit the
report on or before the next date of hearing. The report be forwarded to this
Court specifying the following:-
(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;
(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.
To await report, adjourned to 01.02.2024."
3. In compliance of the orders dated 05.12.2023 and 01.02.2024, 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. Learned counsel for the petitioners submits that in view of the law laid
down by Hon'ble Supreme Court in Jayrajsinh Digvijaysinh Rana Vs. State
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of Gujrat and Another 2012(4) RCR (Crl.) 589 and this Court in Parambir
Singh Gill Vs. Malkiat Kaur 2010(1) RCR (Crl.) 256, partial compromise is
permissible.
5. 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.109 dated 26.08.2018 registered
under Sections 307, 452, 506, 148, 149 IPC and Sections 25 & 27 of the
Arms Act, 1959 at Police Station Jhabal, Tehsil and District Tarn Taran
(Annexure P-1) and all subsequent proceedings arising out of the same are
quashed, qua the petitioner.
01.03.2024 (HARPREET SINGH BRAR)
Rajeev (rvs) JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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