Balkar Singh And Ors vs State Of Punjab And Ors
2024 Latest Caselaw 20407 P&H

Punjab-Haryana High Court

Balkar Singh And Ors vs State Of Punjab And Ors on 18 November, 2024

                                       Neutral Citation No:=2024:PHHC:150254



CRM-M-48810-2024(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

284                                            CRM-M-48810-2024(O&M)
                                               Date of Decision: 18.11.2024


BALKAR SINGH AND ORS                                 ....Petitioners

                                     VERSUS

STATE OF PUNJAB AND ORS                              ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Loveleen Nanda, Advocate for the petitioners.

              Mr. Rubal Pawar, AAG, Punjab.

              Ms. Deepa Negi, Advocate for respondents no.2 & 3.

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 528 of

Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.0091

dated 14.07.2022 under Sections 379(B), 323, 341, 506, 148, 149 of IPC

(Sections 201 and 411 of IPC added later on) registered at Police Station

Phase-8, District SAS Nagar, (Mohali) and all the subsequent proceedings

arising therefrom, on the basis of compromise dated 18.09.2024 (Annexure

P-2).

2. This Court vide order dated 27.09.2024 had directed the parties

to appear before the trial Court to get their statements recorded and the

learned Magistrate was directed to send its report qua the genuineness of the

compromise.

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Neutral Citation No:=2024:PHHC:150254

CRM-M-48810-2024(O&M)

3. Pursuant to the aforesaid order, parties have appeared before the

learned Judicial Magistrate 1st Class, SAS Nagar and got their statements

recorded. On the basis of the statements so recorded, learned Magistrate has

submitted report dated 30.10.2024 to the effect that the compromise has

been effected between the parties voluntarily and without any coercion or

undue influence.

4. Learned State counsel as well as counsel for respondent No.2 &

3 have not disputed the factum of compromise between the parties.

5. In view of the above, no useful purpose would be served to

continue with the proceedings before the trial Court in the instant FIR.

6. Following the principles laid down by the Full Bench judgment

of this Court in Kulwinder Singh and others Versus State of Punjab and

another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble

Supreme Court in Gian Singh Versus State of Punjab and others (2012)

10 SCC 303, this petition is allowed and FIR No.0091 dated 14.07.2022

under Sections 379(B), 323, 341, 506, 148, 149 of IPC (Sections 201 and

411 of IPC added later on) registered at Police Station Phase-8, District SAS

Nagar, (Mohali) and all subsequent proceedings arising therefrom on the

basis of compromise dated 18.09.2024 (Annexure P-2) are quashed qua the

petitioners.

( MANISHA BATRA ) 18.11.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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