Punjab-Haryana High Court
Satveer Singh Alias Satvir Singh Alias ... vs State Of Punjab And Anr on 5 March, 2024
Neutral Citation No:=2024:PHHC:031591
2024:PHHC:031591
CRM-M-5290-2024 1
268 IN THE HIGH COURT OF PUNJAB AND HARYANA
CHANDIGARH
CRM-M-5290-2024 (O&M)
Date of Decision: 05.03.2024
SATVEER SINGH @ SATVIR SINGH @ RAJA AND OTHERS
...Petitioners
V/S
STATE OF PUNJAB AND ANOTHER
...Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Shubham Goyal, Advocate
for the petitioners.
Mr. Rishabh Singla, AAG Punjab.
Mr. Piyush Setia, Advocate
for respondent No. 2.
****
HARPREET SINGH BRAR J. (Oral)
1. This petition has been filed under Section 482 of the Code of
Criminal Procedure seeking quashing of FIR No. 46 dated 10.03.2023
registered under Sections 307, 323, 148 and 149 of Indian Penal Code
(Section 325 of IPC added later on) at Police Station Phillaur, District
Jalandhar Rural and all subsequent proceedings arising therefrom in view of
the compromise 06.01.2024 (Annexure P-3).
2. The following order was passed on 01.02.2024:
"The present petition has been filed under
Section 482 Cr.P.C. seeking quashing of FIR No. 46 dated
10.03.2023 under Sections 307, 323, 148 and 149 of Indian
Penal Code (Section 325 IPC added later on vide DDR No.
15 dated 28.12.2023) registered at Police Station Phillaur,
District Jalandhar Rural (Annexure P-1) on the basis of
compromise dated 06.01.2024 (Annexure P-3).
Learned counsel for the petitioners inter alia
contends that no offence under Section 307 IPC is made out
and he relies upon judgment passed by Hon'ble Supreme
Court in State of Madhya Pradesh vs. Laxmi Narayan,
(2019) 5 SCC 688. He further submits that perusal of the
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Neutral Citation No:=2024:PHHC:031591
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FIR (supra) clearly indicates that the complainant suffered
injuries on non-vital parts of the body i.e. between fingers
and thumb of the left hand, as such the essential ingredients
of knowledge and intention under Section 307 of IPC are
clearly missing.
Notice of motion.
At this stage, on the asking of the Court Mr.
Subhash Godara, Addl. A.G. Punjab accepts notice on
behalf of respondent No.1-State and Mr. Piyush Setia,
Advocate accepts notice on behalf of respondent No. 2 and
files his Vakalatnama and admits to the factum of
compromise. Copy of the paper book be supplied to them
during the course of day.
Service is complete.The parties are directed to
appear before the learned trial Court/ Illaqa Magistrate
within two weeks or any other date convenient to concerned
Court to get their statements recorded regarding
compromise and after recording their statements, learned
trial Court/Illaqa Magistrate is directed to send report
regarding the genuineness of compromise and also to
intimate whether any PO proceedings are pending against
the petitioner on or before the date fixed i.e. 05.03.2024.
A copy of the order be sent to the learned trial
Court/Illaqa Magistrate through fax for compliance."
3. In compliance of the aforesaid 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. 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
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Neutral Citation No:=2024:PHHC:031591
2024:PHHC:031591
(Crl.) 1052, this petition is allowed and FIR No. 46 dated 10.03.2023
registered under Sections 307, 323, 148 and 149 of Indian Penal Code
(Section 325 of IPC added later on) at Police Station Phillaur, District
Jalandhar Rural and all subsequent proceedings arising out of the same are
quashed, qua the petitioners.
(HARPREET SINGH BRAR)
05.03.2024 JUDGE
Ajay Goswami
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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