Punjab-Haryana High Court
Harpreet Singh Alias Happy And Another vs State Of Punjab And Another on 9 September, 2024
Neutral Citation No:=2024:PHHC:118276
CRM-M-20463-2024(O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
259 CRM-M-20463-2024(O&M)
Date of Decision: 09.09.2024
HARPREET SINGH ALIAS HAPPY AND ANOTHER ....Petitioners
VERSUS
STATE OF PUNJAB AND ANOTHER ....Respondents
CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. Mitul Singh Rana, Advocate for the petitioners.
Mr. Satjot Singh, AAG, Punjab.
Ms. Nisha Rana, Advocate for
Ms. Priyanka Sharma, Advocate for respondent no.2.
MANISHA BATRA, J. (Oral)
1. The present petition has been filed under Section 482 of Code
of Criminal Procedure for quashing of FIR No.23 dated 27.02.2021 under
Sections 323, 324, 452, 506, 148, 149 (Section 325 added later on) IPC
registered at Police Station Bullowal, District Hoshiarpur, Punjab and all the
subsequent proceedings arising therefrom, on the basis of compromise dated
04.04.2024 (Annexure P-2).
2. This Court vide order dated 18.07.2024 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.
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Neutral Citation No:=2024:PHHC:118276
CRM-M-20463-2024(O&M)
3. Pursuant to the aforesaid order, parties have appeared before the
learned Judicial Magistrate Ist Class, Hoshiarpur and got their statements
recorded. On the basis of the statements so recorded, learned Magistrate has
submitted report dated 24.08.2024 to the effect that the compromise has
been effected between the parties voluntarily and without any coercion or
undue influence. It is also mentioned in the report that five accused i.e.
Jarnail Singh, Bhupinder Singh, Arvinder Singh, Jaskaran Singh @ Karan
and Harpreet Singh @ Happy have been arrayed as accused in this case.
However, through this petition only the petitioners no.1 & 2 and the
complainant have compromised the matter. Separate statements of the
petitioners and complainant/respondent No.2 as well as the Investigating
Officer had been recorded. It is further mentioned in the report that a
compromise has been effected between petitioners no.1 & 2 and
complainant/respondent no.2 and the petitioners have not been declared
proclaimed person in this case. There is no other case pending against them.
4. The factum of compromise having arrived at between the
parties has not been disputed by learned State counsel as well as counsel for
respondent No.2. Learned State counsel, however, has submitted that it is a
case of partial compromise as the co-accused are not party to the same and it
might have repercussions upon the trial. In the opinion of this Court, since it
has come on record that the compromise has been effected between the
parties to maintain peace and harmony and as there are bleak chances of
conviction of the petitioners, therefore, partial quashing or part quashing of
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Neutral Citation No:=2024:PHHC:118276
CRM-M-20463-2024(O&M)
the FIR qua the present petitioners only, can be allowed. In this regard
reliance can be placed upon the observations made by Delhi High Court in
"Sunil Tomar Vs. State of NCT of Delhi", 2022(2) Crl. CC 179 and
"Lovely Salhotra and another vs. State of NCT of Delhi", (2018) 12 SCC
391 as well as judgments passed by the co-ordinate Bench of this Court in
"Parambir Singh Gill vs. Malkiat Kaur", 2010 (1) RCR (Criminal) 256
and "Samay Singh vs. State of Haryana" 2023 NCPHHC 99612.
5 As per the discussion so made 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.23 dated 27.02.2021 under
Sections 323, 324, 452, 506, 148, 149 (Section 325 added later on) IPC
registered at Police Station Bullowal, District Hoshiarpur, Punjab and all
subsequent proceedings arising therefrom on the basis of compromise dated
27.05.2024 (Annexure P-2) are quashed qua the petitioner herein only.
( MANISHA BATRA )
09.09.2024 JUDGE
Deepak Patwal
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No
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