Punjab-Haryana High Court
Gurjant Singh vs State Of Punjab And Anr on 21 November, 2024
Neutral Citation No:=2024:PHHC:153737
CRM-M-49249-2024(O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
287 CRM-M-49249-2024(O&M)
Date of Decision: 21.11.2024
GURJANT SINGH ....Petitioner
VERSUS
STATE OF PUNJAB AND ANR ....Respondents
CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. Himanshu Garg, Advocate for the petitioner.
Mr. Amandeep Singh Samra, AAG, Punjab.
Mr. Saurabh Sharma, Advocate for
Mr. Pardeep Bhardwaj, Advocate for respondent no.2.
MANISHA BATRA, J. (Oral)
The present petition has been filed under Section 528 of
Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.169
dated 07.12.2009 under Sections 447, 431, 427, 506, 148, 149 IPC, 13-A
PVCL Act registered at Police Station Sadar Malerkotla, District Sangrur,
Punjab and all the subsequent proceedings arising therefrom, on the basis
of compromise dated 27.08.2024 (Annexure P-3).
2. This Court vide order dated 03.10.2024 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:153737
CRM-M-49249-2024(O&M)
3. Pursuant to the aforesaid order, parties have appeared before
the learned Judicial Magistrate 1st Class, Malerkotla 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 counsel for the petitioner has placed on record the
copy of judgment as Annexure P-5 showing that the co-accused have
faced trial and had been found guilty and convicted by the learned trial
Magistrate and had been extended benefit of probation. The petitioner is
only one who is facing trial before the trial Court. Further also stated that
the petitioner was also declared proclaimed offender in the present FIR,
but in CRM-M-44705-2024 vide order dated 09.09.2024, the order of trial
Court had been quashed by this Court.
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 FIR No.169 dated
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Neutral Citation No:=2024:PHHC:153737
CRM-M-49249-2024(O&M)
07.12.2009 under Sections 447, 431, 427, 506, 148, 149 IPC, 13-A PVCL
Act registered at Police Station Sadar Malerkotla, District Sangrur,
Punjab and all subsequent proceedings arising therefrom on the basis of
compromise dated 27.08.2024 (Annexure P-3) are quashed qua the
petitioner.
( MANISHA BATRA )
21.11.2024 JUDGE
Deepak Patwal
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No
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