Sarabjit Singh And Os vs State Of Punjab And Ors
2024 Latest Caselaw 20839 P&H

Punjab-Haryana High Court

Sarabjit Singh And Os vs State Of Punjab And Ors on 22 November, 2024

                                        Neutral Citation No:=2024:PHHC:154673



CRM-M-48817-2024(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                             AT CHANDIGARH

253                                             CRM-M-48817-2024(O&M)
                                                Date of Decision: 22.11.2024


SARABJIT SINGH AND ORS                                ....Petitioners
                       VERSUS
STATE OF PUNJAB AND ORS                               ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Ashish Soi, Advocate for the petitioners.

              Mr. Amandeep Singh Samra, AAG, Punjab.

              Mr. Kavinder Singh, Advocate for
              Mr. H.S. Sidhu, 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.105 dated

03.09.2023 under Sections 452, 323, 342, 34 of IPC and the challan dated

06.11.2023 registered at Police Station Koom Kalan, District Ludhiana and

all the subsequent proceedings arising therefrom, on the basis of

compromise dated 16.04.2024 (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:154673

CRM-M-48817-2024(O&M)

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

learned Judicial Magistrate First Class, Ludhiana and got their statements

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

submitted report dated 13.11.2024 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 Nos.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.105 dated 03.09.2023

under Sections 452, 323, 342, 34 of IPC and the challan dated 06.11.2023

registered at Police Station Koom Kalan, District Ludhiana and all

subsequent proceedings arising therefrom on the basis of compromise dated

16.04.2024 (Annexure P-2) are quashed qua the petitioners.

( MANISHA BATRA ) 22.11.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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