Punjab-Haryana High Court
Baljit Kaur And Others vs State Of Punjab And Others on 12 March, 2024
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2024:PHHC:035451
2024:PHHC:035451
CRM-M-56781-2023
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204-3
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-56781-2023
Date of decision:-12.03.2024
Baljit Kaur and others
...Petitioners
Versus
State of Punjab and others
...Respondents
CORAM : HON'BLE MR. JUSTICE SUVIR SEHGAL
Present : Mr.Sukhbir Maandi, Advocate
for the petitioners.
Mr.Amit Chaudhary, DAG, Punjab.
Mr.Gurpreet Singh, Advocate for
Mr.Ramnish Puri, Advocate
for respondents No.2 to 4.
****
SUVIR SEHGAL, J.(ORAL)
1. Instant petition has been filed under Section 482 of the
Code of Criminal Procedure, 1973 for quashing of DDR No.33 dated
04.05.2023, under Sections 336, 427, 457, 506, 148, 149 IPC and 25 &
27 of Arms Act, 1959, registered at Police Station Jandiala, District
Amritsar (Rural), Annexure P1 in case FIR No.90 dated 29.04.2023,
under Sections 336, 436, 427, 148, 149 IPC and Sections 25 & 27 of
Arms Act, 1959, registered at Police Station Jandiala, District Amritsar
(Rural), Annexure P2, along with all subsequent proceedings arising
therefrom, on the basis of compromise and affidavit dated 01.09.2023,
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Annexures P3 and P4, respectively, arrived at between the parties.
2. Counsel for the petitioners submits that in view of the
report received from learned Judicial Magistrate as petitioner No.7 -
Sagar Singh is reported to have expired in January, 2024, he seeks
permission to withdraw the petition qua petitioner No.7.
3. Permission is granted.
4. Petition is dismissed as withdrawn insofar as petitioner
No.7 - Sagar Singh is concerned.
5. Heard counsel for the parties.
6. Pursuant to order dated 30.11.2023 passed by this Court,
report has been received from the Judicial Magistrate, relevant extract of
which is as under:-
"1. There are nine accused involved in this FIR and eight have
appeared in Court and made statement today. One accused Sagar
Singh s/o Paramjit Singh as mentioned in serial No.7 in the
Memo of parties has died on 20.01.2024 as per statements of
parties and IO. No accused is absconding/proclaimed offender in
this case.
2. Complainant in the present case is Jasbir Kaur w/o Joga
Singh and injured/aggrieved person are Jolga Singh s/o Darshan
Singh and Manraj Singh s/o Joga Singh. All of them have
appeared and made their statements in the support of the
compromise.
3. Challan has not been presented in the Court till date.
4. Compromise between the parties is genuine, voluntary,
without any fear, pressure, threat or coercion and is not the result
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of any fraud or misrepresentation and is the result of free will of
the parties.
5. No other Criminal case is pending against the accused."
7. In view of the report given by the learned Magistrate 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.
8. Accordingly, the petition is allowed. DDR No.33 dated
04.05.2023, under Sections 336, 427, 457, 506, 148, 149 IPC and 25 &
27 of Arms Act, 1959, registered at Police Station Jandiala, District
Amritsar (Rural), Annexure P1 in case FIR No.90 dated 29.04.2023,
under Sections 336, 436, 427, 148, 149 IPC and Sections 25 & 27 of
Arms Act, 1959, registered at Police Station Jandiala, District Amritsar
(Rural), Annexure P2, along with all subsequent proceedings arising
therefrom, are quashed qua petitioners No.1 to 6 and 8 & 9.
(SUVIR SEHGAL)
12.03.2024 JUDGE
Brij
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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