Sadhu Singh And Others vs State Of Punjab And Others
2024 Latest Caselaw 18642 P&H

Punjab-Haryana High Court

Sadhu Singh And Others vs State Of Punjab And Others on 21 October, 2024

                                Neutral Citation No:=2024:PHHC:137439




CRM-M-44433-2024                                                -1-


      IN THE HIGH COURT OF PUNJAB & HARYANA
                     AT CHANDIGARH

281                              CRM-M-44433-2024
                                 Date of decision: 21st October, 2024

Sadhu Singh and others
                                                                  ...Petitioners
                                        Versus

State of Punjab and others
                                                               ...Respondents


CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA

Present:    Mr. Abhinav Jain, Advocate for the petitioners.

            Mr. A.S. Samra, AAG, Punjab.

            Mr. Simranjeet Singh, Advocate for
            Mr. Arnav Kumar, Advocate for respondents No. 2 and 3.

                   ***

MANISHA BATRA, J (ORAL):-

Prayer in this petition filed under Section 528 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') is for quashing of FIR

No. 160 dated 17.12.2021 registered under Sections 452, 427, 149 and 506

of IPC, 1860 at Police Station Badhni Kalan, District Moga and all

subsequent proceedings arising therefrom on the basis of compromise dated

22.08.2024 (Annexure P-2).

2. This Court vide order dated 09.09.2024 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:137439

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

Sub Divisional Judicial Magistrate, Nihal Singh Wala and got their

statements recorded. On the basis of the statements so recorded, Learned

Magistrate has submitted report dated 07.10.2024 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 F.I.R.

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. 160 dated 17.12.2021 registered under

Sections 452, 427, 149 and 506 of IPC, 1860 at Police Station Badhni Kalan,

District Moga and all subsequent proceedings arising therefrom on the basis

of compromise dated 22.08.2024 (Annexure P-2) are quashed qua the

petitioners.

[MANISHA BATRA] JUDGE 21st October, 2024 Parveen Sharma

1. Whether speaking/ reasoned : Yes / No

2. Whether reportable : Yes / No

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