Punjab-Haryana High Court
Baljinder Singh And Others vs State Of Punjab And Another on 18 November, 2024
Neutral Citation No:=2024:PHHC:151772
CRM-M-34266-2024 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
276 CRM-M-34266-2024 (O&M)
Date of Decision: 18.11.2024
BALJINDER SINGH AND OTHERS ....Petitioners
VERSUS
STATE OF PUNJAB AND ANR ....Respondents
CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. Achin Gupta, Advocate for the petitioners.
Mr. Rubal Pawar, AAG, Punjab.
Mr. Amaninder Singh Sekhon, Advocate
for respondent no.2.
MANISHA BATRA, J. (Oral)
The present petition has been filed under Section 482 of Code of
Criminal Procedure for quashing of Complaint No.COMI/160/2019 dated
09.10.2019 titled as 'Gurlal Singh Vs. Baljinder Singh Etc." under Sections
326, 324, 323, 341, 148, 149, 120-B, 506 of IPC pending in the Court of
learned Judicial Magistrate 1st Class, Faridkot for 17.07.2024 and summoning
order dated 03.11.2022 passed by learned JMIC, Faridkot along with
consequent proceedings arising therefrom on the basis of compromise dated
08.07.2024.
2. This Court vide order dated 07.08.2024 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.
3. Pursuant to the aforesaid order, parties have appeared before the
learned Judicial Magistrate 1st Class, Faridkot and got their statements
recorded. On the basis of the statements so recorded, learned Magistrate has
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Neutral Citation No:=2024:PHHC:151772
CRM-M-34266-2024 (O&M)
submitted report dated 16.08.2024 to the effect that the compromise has been
effected between the parties voluntarily and without any coercion or undue
influence. Statement of petitioner no.5 has been recorded through his Special
Power of Attorney holder-Kulbir Singh Warring (petitioner no.4)
4. Status report has been filed by respondent-State. The same is
taken on record and be tagged at the appropriate place.
5. Learned State counsel as well as counsel for respondent No.2 have
not disputed the factum of compromise between the parties.
6. In view of the above, no useful purpose would be served to
continue with the proceedings before the trial Court in the instant FIR.
7. 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 quashing of Complaint
No.COMI/160/2019 dated 09.10.2019 titled as 'Gurlal Singh Vs. Baljinder
Singh Etc." under Sections 326, 324, 323, 341, 148, 149, 120-B, 506 of IPC
pending in the Court of learned Judicial Magistrate 1st Class, Faridkot for
17.07.2024 and summoning order dated 03.11.2022 passed by JMIC, Faridkot
and all subsequent proceedings arising therefrom on the basis of compromise
dated 08.07.2024 (Annexure P-4) 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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