Punjab-Haryana High Court
Harjinder Singh @ Jinder vs State Of Punjab And Another on 18 February, 2025
Neutral Citation No:=2025:PHHC:023669
CRM-M-13243-2021 (O&M) -1-
202 IN THE HIGH COURT OF PUNJAB AND HARYANA
CHANDIGARH
CRM-M-13243-2021 (O&M)
Date of Decision: 18.02.2025
HARJINDER SINGH @ JINDER ...Petitioner
V/S
STATE OF PUNJAB AND ANOTHER ...Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. H.S. Randhawa, Advocates
for the petitioner.
Mr. Sandeep Kumar, DAG Punjab
None for respondent No. 2.
****
HARPREET SINGH BRAR J. (Oral)
1. Petitioner has filed petition under Section 482 of Cr.P.C. for
quashing of FIR No. 40 dated 02.03.2020 registered under Sections 307,
323, 450, 427, 218, 148 and 149 of Indian Penal Code read with Sections
25 and 27 of Arms Act at Police Station Sadar Kapurthala District
Kapurthala along with all subsequent proceedings arising therefrom, on the
basis of compromise dated 08.06.2020 (Annexure P-8).
2. The following order was passed on 17.01.2025:
"Learned counsel for the petitioner inter alia
contends that all other accused except the petitioner have
faced the trial and they have been acquitted by the learned
trial Court and petitioner was residing abroad and non-
bailable warrants have been issued against him to secure
his presence and thereafter a compromise has been effected
between the parties and learned counsel further submits
that prima facie, the factual ingredients of Section 307 of
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Indian Penal Code are not attracted and none of the
injuries suffered by injured was on vital part and the co-
accused have already been acquitted by learned trial Court
vide judgment dated 24.02.2021 (Annexure P-2) and he
relies upon the judgment passed by Hon'ble Supreme Court
of India in the case of The State of Madhya Pradesh Vs.
Laxmi Narayan and others, 2019 (5) SCC 688 and submits
that once the factual ingredients to breach the threshold
Section 307 IPC are missing, there is no embargo in
quashing the FIR(supra) on the basis of compromise,
merely because the offence under Section 307 of IPC has
been added by the jurisdictional police authorities and he
further relies upon the judgment passed by the Division
Bench of this Court in Sudo Mandal @ Diwarak Mandal
Vs. State of Punjab 2011(2) R.C.R. (Criminal) 453.
Service is already complete.
Learned counsel for the petitioner further
submits that petitioner is currently not residing in India and
as such, it would not be possible for him to physically
appear before the learned trial Court for getting his
statement recorded in terms of the compromise and prays
that his statement be recorded through special power of
attorney holder.
Prayer is allowed.
Adjourned to 18.02.2025.
In the meantime, Parties are directed to
appear before the learned trial Court/Illaqa Magistrate
within a period of two weeks or any other date convenient
to the trial Court/Illaqa Magistrate to get their statements
recorded regarding the compromise and after recording
their statements, learned trial Court/Illaqa Magistrate is
directed to send report regarding the genuineness of the
compromise and also to intimate whether any PO
proceedings are pending against any of the party on or
before the date fixed i.e. 18.02.2025.
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Learned trial Court is directed to get the
statement of the petitioner recorded through his special
power of attorney holder.
A copy of this order be sent to learned trial
Court/Illaqa Magistrate through fax for compliance.
Interim order to continue."
3. In compliance of the aforesaid order, a report has been
received from the concerned jurisdictional Court that the compromise
between the parties is genuine and arrived at without any pressure or
coercion from anyone.
4. In view of the compromise and the ratio of law laid down by
the Hon'ble Supreme Court in Narinder Singh and others vs. State of
Punjab and another, (2014) 6 SCC 466 and Shakuntala Sawhney (Mrs)
Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this
Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052,
this petition is allowed and FIR No. 40 dated 02.03.2020 registered under
Sections 307, 323, 450, 427, 218, 148 and 149 of Indian Penal Code read
with Sections 25 and 27 of Arms Act at Police Station Sadar Kapurthala
District Kapurthala along with all subsequent proceedings arising therefrom
are quashed, qua the petitioner.
(HARPREET SINGH BRAR)
18.02.2025 JUDGE
Ajay Goswami
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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