Gurdial Singh And Ors vs State Of Punjab And Ors
2024 Latest Caselaw 20616 P&H

Punjab-Haryana High Court

Gurdial Singh And Ors vs State Of Punjab And Ors on 20 November, 2024

                                 Neutral Citation No:=2024:PHHC:152786




CRM-M-49269 of 2024                       -1-

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

284                                             CRM-M-49269 of 2024
                                                Date of Decision: 20.11.2024


Gurdial Singh and others                                   ....Petitioners

                                  Versus

State of Punjab and others                                 ....Respondents


CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA


Present:     Mr. Ankur Bansal, Advocate for the petitioners.

             Mr. Satjot Singh, AAG, Punjab.

             Mr. G.S. Brar, Advocate for respondents No.2 and 3.

                                  *****

Manisha Batra, J.(Oral)

1. The present petition has been filed under Section 528 of

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short-'BNSS') for quashing

of G.D. No.54 dated 11.04.2019 under Sections 323, 325, 34 and 506 of

IPC, at Police Station Rama Mandi, District Jalandhar in FIR No.83 dated

11.04.2019 under Sections 323, 341, 506, 34, 295-A and 325 of IPC,

registered at Police Station Rama Mandi, District Jalandhar and all the

subsequent proceedings arising therefrom, on the basis of compromise dated

05.09.2024 (Annexure P-2).

2. This Court vide order dated 01.10.2024 had directed the parties

to appear before the Illaqa/Duty Magistrate to get their statements recorded

and the learned Magistrate was directed to send its report qua the

genuineness of the compromise.

1 of 2

Neutral Citation No:=2024:PHHC:152786

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

learned Judicial Magistrate Ist Class, Jalandhar and got their statements

recorded. Statement of petitioners No.2 and 3 have been recorded through

video conferencing facillity and they have also being represented by their

Special Power of Attorney Holders. On the basis of the statements so

recorded, learned Magistrate has submitted report dated 08.11.2024 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 respondents No.2

and 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 G.D. No.54 dated 11.04.2019 under

Sections 323, 325, 34 and 506 of IPC, at Police Station Rama Mandi,

District Jalandhar in FIR No.83 dated 11.04.2019 under Sections 323, 341,

506, 34, 295-A and 325 of IPC, registered at Police Station Rama Mandi,

District Jalandhar and all subsequent proceedings arising therefrom on the

basis of compromise dated 05.09.2024 (Annexure P-2) are quashed qua the

petitioners.

                                                  (MANISHA BATRA)
20.11.2024                                             JUDGE
D.Bansal
               Whether speaking/ reasoned :      Yes/ No
               Whether Reportable         :      Yes/ No
                                  2 of 2