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2025 DAILYLAW 106516 (PNJ)

VINOD KUMAR ALIAS GHUG AND ORS v. STATE OF PUNJAB AND ORS

CRM-M/61017/2024 · 2025-03-24

Harpreet Singh Brar

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Judgment text

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CRM-M-61017-2024 (O&M) 1 312 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-61017-2024 (O&M) Date of Decision: 24.03.2025 VINOD KUMAR @ GHUG AND OTHERS ...PETITIONERS Versus STATE OF PUNJAB AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: None for the petitioners. Mr. Rishabh Singla, AAG Punjab. Mr. Sandeep Arora, Advocate for respondents No. 2 and 3. *** Harpreet Singh Brar, J. (Oral) 1. Prayer is for quashing of FIR No.0157 dated 16.10.2021, under Sections 452, 323, 325, 506, 148 and 149 IPC (Sections 452, 148, 149 IPC deleted) (Section 34 and 427 IPC added later on), registered at Police Station Kartarpur, District Jalandhar Rural, on the basis of compromise Annexure P-2. 2. The following order was passed on 10.01.2025: “Prayer is for quashing of FIR No.0157 dated 16.10.2021, under Sections 452, 323, 325, 506, 148 and 149 IPC (Sections 452, 148, 149 IPC deleted) (Section 34 and 427 IPC added later on), registered at Police Station Kartarpur, District Jalandhar Rural, on the basis of compromise. Notice of motion. At this stage, Mr. Deepak Arora, Advocate, accepts no- tice on behalf of the complainant/respondents No.2 and 3. He admit- ted the correctness of compromise and stated that he has no objection if this petition is allowed. On the asking of this Court, Mr. Inderjeet Singh Ladher, DAG, Punjab accepts notice on behalf of the State. He does not wish to file any reply as the parties are stated to have effected the com- promise. So, the parties are directed to appear before the learned trial court/Illaqa Magistrate on 27.01.2025 or any other date con- AJAY GOSWAMI 2025.03.25 17:36 I attest to the accuracy and integrity of this document CRM-M-61017-2024 (O&M) 2 venient to the trial Court/Illaqa Magistrate and to get record their statements regarding compromise and after recording their state- ments, learned trial Court/Illaqa Magistrate, is directed to send the same along with his report regarding the genuineness of compromise on or before the date fixed in the instant petition specifically with re- gard to the following facts: - 1. Number of persons arrayed as accused in the FIR. 2. Whether any accused is proclaimed offender. 3. Stage of the trial/proceedings. 4. Whether the compromise is genuine, voluntary and without any co- ercion or undue influence. To come up on 06.03.2025 for awaiting the report. A copy of this order be sent to the learned trial Court/Illaqa Magistrate, through electronic mode, for compliance.” 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.0157 dated 16.10.2021, under Sections 452, 323, 325, 506, 148 and 149 IPC (Sections 452, 148, 149 IPC deleted) (Section 34 and 427 IPC added later on), registered at Police Station Kartarpur, District Jalandhar Rural along with all subsequent proceedings arising therefrom are quashed, qua the petitioners. (HARPREET SINGH BRAR) JUDGE 24.03.2025 Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2025.03.25 17:36 I attest to the accuracy and integrity of this document