Paramjit Singh And Another vs State Of Punjab And Another
2024 Latest Caselaw 20622 P&H

Punjab-Haryana High Court

Paramjit Singh And Another vs State Of Punjab And Another on 20 November, 2024

                                 Neutral Citation No:=2024:PHHC:152720




CRM-M-50032 of 2024                       -1-

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

285                                             CRM-M-50032 of 2024
                                                Date of Decision: 20.11.2024


Paramjit Singh and another                                 ....Petitioners

                                  Versus

State of Punjab and another                                ....Respondents


CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA


Present:     Mr. G.S. Brar, Advocate
             for the petitioners.

             Mr. Satjot Singh, AAG, Punjab.

             Mr. Ankur Bansal, Advocate
             for respondent No.2.

                                  *****

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 FIR No.83 dated 11.04.2019 under Sections 341, 323, 34, 506 (295-A

IPC added later on) registered at Police Station Rama Mandi, District Police

Commissionerate 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 04.10.2024 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.

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

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Neutral Citation No:=2024:PHHC:152720

learned Judicial Magistrate Ist Class, Jalandhar and got their statements

recorded. 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 respondent No.2

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.83 dated 11.04.2019 under

Sections 341, 323, 34, 506 and 295-A IPC (added later on) registered at

Police Station Rama Mandi, District Police Commissionerate 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




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