Nishan Singh vs State Of Punjab And Another
2024 Latest Caselaw 17335 P&H

Punjab-Haryana High Court

Nishan Singh vs State Of Punjab And Another on 18 September, 2024

                                        Neutral Citation No:=2024:PHHC:123565



CRM-M-34527-2024(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

277                                             CRM-M-34527-2024(O&M)
                                                Date of Decision: 18.09.2024


NISHAN SINGH                                          ....Petitioner
                                      VERSUS

STATE OF PUNJAB AND ANOTHER                           ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Gagandeep Kumar Tiwari, Advocate for
              Mr. Gurmohan Preet Singh, Advocate for the petitioner.

              Mr. Satjot Singh, AAG, Punjab.

              Mr. Anosh Samson, Advocate for
              Mr. Ajaypal Singh, Advocate for respondent no.2

MANISHA BATRA, J. (Oral)

The present petition has been filed for quashing of FIR

No.00118 dated 01.07.2024 under Sections 125, 351(2), 351(3) of Bharatiya

Nyaya Sanhita, 2023 (for short 'BNS') (Analogous to Sections 336 and 506

IPC), Section 30 of Arms Act, 1959 registered at Police Station Beas District

Amritsar Rural and all the subsequent proceedings arising therefrom, on the

basis of compromise dated 09.07.2024 (Annexure P-2).

2. This Court vide order dated 07.08.2024 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.

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

learned Sub Divisional Judicial Magistrate, Baba Bakala Sahiband got their

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Neutral Citation No:=2024:PHHC:123565

CRM-M-34527-2024(O&M)

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

Magistrate has submitted report dated 09.09.2024 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.00118 dated 01.07.2024

under Sections 125, 351(2), 351(3) of Bharatiya Nyaya Sanhita, 2023 (for

short 'BNS') (Analogous to Sections 336 and 506 IPC), Section 30 of Arms

Act, 1959 registered at Police Station Beas District Amritsar Rural and all

the subsequent proceedings arising therefrom, on the basis of compromise

dated 09.07.2024 (Annexure P-2) are quashed qua the petitioner.

( MANISHA BATRA ) 18.09.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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