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2025 DAILYLAW 20133 (PNJ)

DARA SINGH AND ORS v. STATE OF PUNJAB AND ORS

CRM-M/6150/2025 · 2025-04-29

Manisha Batra

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 314 1. DARA SINGH AND OTHERS STATE OF PUNJAB 2. KRISHAN RAM STATE OF PUNJAB CORAM: HON’BLE MRS. Present : Mr in for respondent No.2 in Ms. Himani Arora, A.A.G, Punjab Mr. Charitr Kadyan, Advocate for respondents No.2 to 4 in for the petitioners in MANISHA BATRA 1 By way of filing the aforesaid petitions, the petitioners are seeking quashing of FIR No.72 dated 21.05.2024 registered under Sections 324, 323, 148, 149 of IPC as well as DDR No.47 dated 21.05.2024 registered under Sections 323, 148, 149 of IPC (Section 325 of IPC added later on) in the aforesaid FIR, at Police Station Sard IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: CRM-M No. 6150 of 2025 DARA SINGH AND OTHERS Versus STATE OF PUNJAB AND OTHERS CRM-M No. 6153 of 2025 KRISHAN RAM AND OTHERS STATE OF PUNJAB AND ANOTHERS HON’BLE MRS. JUSTICE MANISHA BATRA Mr. Rahul Garg, Advocate for the petitioner in CRM-M No. 6150 of 2025 and for respondent No.2 in CRM-M No. 6153 of 2025 Ms. Himani Arora, A.A.G, Punjab Mr. Charitr Kadyan, Advocate for respondents No.2 to 4 in CRM-M No. 6150 of 2025 and for the petitioners in CRM-M No. 6153 of 2025 **** MANISHA BATRA, J. (oral) By way of filing the aforesaid petitions, the petitioners are seeking quashing of FIR No.72 dated 21.05.2024 registered under Sections 324, 323, 148, 149 of IPC as well as DDR No.47 dated 21.05.2024 registered under Sections 323, 148, 149 of IPC (Section 325 of IPC added later on) in the aforesaid FIR, at Police Station Sardulgarh, District Mansa and all the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 29.04.2025 M No. 6150 of 2025 …. Petitioners Versus …. Respondents M No. 6153 of 2025 …. Petitioners Versus OTHERS …. Respondents MANISHA BATRA , Advocate for the petitioners M No. 6153 of 2025. Ms. Himani Arora, A.A.G, Punjab. Mr. Charitr Kadyan, Advocate for respondents No.2 to 4 M No. 6153 of 2025. By way of filing the aforesaid petitions, the petitioners are seeking quashing of FIR No.72 dated 21.05.2024 registered under Sections 324, 323, 148, 149 of IPC as well as DDR No.47 dated 21.05.2024 registered under Sections 323, 148, 149 of IPC (Section 325 of IPC added later on) in the ulgarh, District Mansa and all the By way of filing the aforesaid petitions, the petitioners are seeking quashing of FIR No.72 dated 21.05.2024 registered under Sections 324, 323, 148, 149 of IPC as well as DDR No.47 dated 21.05.2024 registered under Sections 323, 148, 149 of IPC (Section 325 of IPC added later on) in the ulgarh, District Mansa and all the Jyoti 2025.04.30 17:52 I attest to the accuracy and integrity of this document CRM-M No. 6150 of 2025 and CRM subsequent proceedings arising therefrom, on the basis of compromise dated 08.01.2025 (Annexure P 2 . This Court vide order and 04.02.2025 ( in CRM 06.03.2025 (in both cases) 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 af learned Sub Divisional Judicial Magistrate, Sardulgarh recorded. On the basis of the statements so recorded, learned submitted report dated effected between the parties voluntarily and without any coercion or undue influence. 4. Learned State counsel as well as counsel for disputed the factum of compromise between the parties. 5. In view of the ab 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 another 2007 (3) RCR (Criminal) 1052 Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303 this petition is allowed and Sections 324, 323, 148, 149 of IPC as wel M No. 6150 of 2025 and CRM-M No. 6153 of 2025 subsequent proceedings arising therefrom, on the basis of compromise dated 08.01.2025 (Annexure P-2). This Court vide orders dated 14.01.2025 (in CRM and 04.02.2025 ( in CRM-M-6150-2025) and thereafter 06.03.2025 (in both cases) 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. Pursuant to the aforesaid order, parties have appeared before the Sub Divisional Judicial Magistrate, Sardulgarh recorded. On the basis of the statements so recorded, learned submitted report dated 15.04.2025 to the effect tha effected between the parties voluntarily and without any coercion or undue Learned State counsel as well as counsel for disputed the factum of compromise between the parties. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and her 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble Supreme Gian Singh Versus State of Punjab and others (2012) 10 SCC 303 this petition is allowed and FIR No.72 dated 21.05.2024 registered under Sections 324, 323, 148, 149 of IPC as well as DDR No.47 dated 21.05.2024 M No. 6153 of 2025 - 2- subsequent proceedings arising therefrom, on the basis of compromise dated 14.01.2025 (in CRM-M-6153-2025) 2025) and thereafter vide order dated 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. oresaid order, parties have appeared before the Sub Divisional Judicial Magistrate, Sardulgarh and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue Learned State counsel as well as counsel for parties have not disputed the factum of compromise between the parties. ove, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. Following the principles laid down by the Full Bench judgment of Kulwinder Singh and others Versus State of Punjab and and approved by the Hon’ble Supreme Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, FIR No.72 dated 21.05.2024 registered under l as DDR No.47 dated 21.05.2024 subsequent proceedings arising therefrom, on the basis of compromise dated 2025) vide order dated had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed oresaid order, parties have appeared before the and got their statements has t the compromise has been effected between the parties voluntarily and without any coercion or undue have not ove, no useful purpose would be served to Following the principles laid down by the Full Bench judgment of Kulwinder Singh and others Versus State of Punjab and and approved by the Hon’ble Supreme , FIR No.72 dated 21.05.2024 registered under l as DDR No.47 dated 21.05.2024 Jyoti 2025.04.30 17:52 I attest to the accuracy and integrity of this document CRM-M No. 6150 of 2025 and CRM registered under Sections 323, 148, 149 of IPC (Section 325 of IPC added later on) in the aforesaid FIR, at Police Station Sardulgarh, District Mansa subsequent proceedings arising therefrom on the basis of compromis 08.01.2025 (Annexure P A photocopy of this order be placed on the file of other connect case. 29.04.2025 Jyoti-IV M No. 6150 of 2025 and CRM-M No. 6153 of 2025 registered under Sections 323, 148, 149 of IPC (Section 325 of IPC added later on) in the aforesaid FIR, at Police Station Sardulgarh, District Mansa subsequent proceedings arising therefrom on the basis of compromis 08.01.2025 (Annexure P-2) are quashed qua the petitioners A photocopy of this order be placed on the file of other connect case. (MANISHA BATRA) Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No. 6153 of 2025 - 3- registered under Sections 323, 148, 149 of IPC (Section 325 of IPC added later on) in the aforesaid FIR, at Police Station Sardulgarh, District Mansa and all subsequent proceedings arising therefrom on the basis of compromise dated ) are quashed qua the petitioners. A photocopy of this order be placed on the file of other connect case. (MANISHA BATRA) JUDGE Yes/No. Yes/No registered under Sections 323, 148, 149 of IPC (Section 325 of IPC added later and all e dated Jyoti 2025.04.30 17:52 I attest to the accuracy and integrity of this document