Punjab-Haryana High Court
Gurbachan Singh And Others vs State Of Punjab And Another on 12 March, 2024
Neutral Citation No:=2024:PHHC:035003
2024:PHHC:035003
207 IN THE HIGH COURT OF PUNJAB AND HARYANA
CHANDIGARH
CRM-M-31756-2022 (O&M)
Date of Decision: 12.03.2024
GURBACHAN SINGH AND OTHERS
...Petitioners
V/S
STATE OF PUNJAB AND ANOTHER
...Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Lupil Gupta, Advocate
for the petitioners.
Mr. Subhash Godara, Addl. AG Punjab.
Mr. Sumit Bhardwaj, 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. 122 dated 23.09.2020
registered under Sections 353, 186, 341, 506 of Indian Penal Code at Police
Station Zira, District Ferozepur, and all subsequent proceedings arising
therefrom in view of the compromise 07.07.2022 (Annexure-P2).
2. The following order was passed on 25.07.2022:
"1. Notice of motion.
2. Mr. M.S.Nagra, AAG, Punjab, waives service on
behalf of respondent No. 1-State.
3. Ms. Gursharan Kaur Kailey, Advocate puts her
appearance on behalf of respondent No. 2, and, files the
power of attorney.
4. Before proceeding to quash FIR No. 122 dated
23.09.2020, registered at Police Station Zira, District
Ferozepur, it is deemed appropriate to make directions
upon the Illaqa Magistrate concerned to, after summoning
the petitioners, and, respondent No. 2, and, after his
recording their respective testifications, with respect to the
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voluntariness, and also, with respect to the authenticity of
the compromise drawn amongst them, as embodied in
Annexure P-2, to make a report with respect to the
compromise (supra).
5. The learned Magistrate is also directed to disclose in
his report, (a) whether after completion of investigation,
report under Section 173 Cr.P.C. has been filed; (b)
whether charge has been drawn against the accused; (c)
whether the prosecution evidence has commenced; and (d)
whether all the concerned have signed the compromise
deed.
6. The afore made report be ensured to be transmitted to
this Court within three weeks.
7. For the afore purpose, list on 03.11.2022.
8. In view of the compromise, in respect whereof the
learned Illaqa Magistrate is directed to transmit his report
to this Court, therefore, he is restrained, till further orders,
from taking up any further judicial proceedings, in respect
of FIR (supra)."
3. 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. Learned counsel for the petitioners relies upon judgment passed by
Division Bench of this Court in Vinod @ Boda and Others Vs. State of
Haryana and Another 2017(1) RCR (Criminal) 571 to contend that FIR can
be quashed on the basis of compromise even if the complainant is a public
servant.
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
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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. 122 dated 23.09.2020 registered
under Sections 353, 186, 341, 506 of Indian Penal Code at Police Station Zira,
District Ferozepur and all subsequent proceedings arising out of the same are
quashed, qua the petitioners.
(HARPREET SINGH BRAR)
12.03.2024 JUDGE
Ajay Goswami
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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