Punjab-Haryana High Court
Balraj Singh Alias Balraj Singh Batta ... vs State Of Punjab And Ors on 15 March, 2024
Neutral Citation No:=2024:PHHC:037747
2024:PHHC:037747
CRM-M-5235-2024 1
253 IN THE HIGH COURT OF PUNJAB AND HARYANA
CHANDIGARH
CRM-M-5235-2024 (O&M)
Date of Decision: 15.03.2024
BALRAJ SINGH @ BALRAJ SINGH BATTA AND OTHERS
...Petitioners
V/S
STATE OF PUNJAB AND OTHERS
...Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Sandeep Kumar, Advocate
for the petitioners.
Mr. Rishabh Singla, AAG Punjab.
Mr. Sahil Nain, Advocate
for Mr. Himanshu, Advocate for
for respondents No 2 to 11.
****
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 25.04.2019
registered under Sections 353, 186, 506, 148 and 149 of Indian Penal Code
at Police Station Hariana, District Hoshiarpur and all subsequent
proceedings arising therefrom in view of the compromise dated 16.03.2023
(Annexure P-2).
2. The following order was passed on 05.02.2024:
"The present petition has been filed under
Section 482 Cr.P.C. seeking quashing of FIR No. 46 dated
25.04.2019 registered under Sections 353, 186, 506, 148,
149 IPC at Police Station Hariana, District Hoshiarpur on
the basis of compromise dated 16.03.2023 (Annexure P-2).
Learned counsel for the petitioners inter alia
contends that in view judgment passed by Division Bench of
this Court in Vinod @ Boda and others vs. State of
Haryana and others, 2017(1) RCR (Criminal) 571, FIR
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Neutral Citation No:=2024:PHHC:037747
2024:PHHC:037747
(supra) registered under Sections 353, 186, 506, 148, 149
IPC can be quashed on the basis of compromise.
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. Himansha Garg,
Advocate accepts notice on behalf of respondents No. 2 to 11
and files his Power of Attorney 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 any of the petitioners
on or before the date fixed i.e. 15.03.2024.
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
(Crl.) 1052, this petition is allowed and FIR No. 46 dated 25.04.2019
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Neutral Citation No:=2024:PHHC:037747
2024:PHHC:037747
registered under Sections 353, 186, 506, 148 and 149 of Indian Penal Code
at Police Station Hariana, District Hoshiarpur and all subsequent
proceedings arising out of the same are quashed, qua the petitioners.
(HARPREET SINGH BRAR)
15.03.2024 JUDGE
Ajay Goswami
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:037747
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