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2025 DAILYLAW 30956 (PNJ)

AMARJEET SINGH AND OTHERS v. STATE OF PUNJAB AND OTHERS

CRM-M/15934/2021 · 2025-07-24

Jasjit Singh Bedi

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Judgment text

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CRM-M-15934-2021 #1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Date of Decision:-24.07.2025 CRM-M-15934-2021 Amarjeet Singh & Ors. ......Petitioners. Versus State of Punjab & Ors. ......Respondents. AND CRM-M-49322-2022 Balkaran Singh @ Madan Singh & Anr. ......Petitioners. Versus State of Punjab & Ors. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Prabhdeep Singh Bhandari, Advocate for the Petitioners (in both the petitions). Mr. Kamaldeep Sachdeva, Deputy Advocate General, Punjab. Mr. Gurinder Singh, Advocate for the respondent nos.2 to 5 ( in both cases). *** JASJIT SINGH BEDI, J. (ORAL) By this common order I shall dispose of both the aforementioned petitions one bearing CRM-M-15934-2021 filed by four accused whereas the other one bearing CRM-M-49322-2022 filed by two accused as the same have arisen out of one and the same FIR. VINAY MAHAJAN 2025.07.25 10:20 I attest to the accuracy and integrity of this document CRM-M-15934-2021 #2 The prayer in these petitions is for quashing of an FIR No.13 dated 04.02.2020 (Annexure P-1) registered under Sections 307, 460, 324, 506, 148, and 149 IPC at Police Station Sadar Malout, District Sri Muktsar Sahib along with all consequential proceedings arising therefrom on the basis of a compromise dated 16.03.2020 and 03.10.2022 (Annexure P-2 in both petitions) arrived at between the parties. Vide order dated 09.05.2024 this Court had directed the parties in both the petitions to appear before Illaqa Magistrate for getting their statements recorded with regard to the compromise. The Illaqa Magistrate/trial Court was to submit a report in this aforesaid regard giving certain details as enumerated in the said order. Pursuant to the order dated 09.05.2024 passed by this Court, the parties have appeared before the learned Judicial Magistrate, 1st Class, Malout and as per the common report dated 30.05.2024 submitted to this Court, both the parties have got recorded their respective statements in Court. A perusal of the aforesaid report would show that the parties have effected a genuine compromise without there being any pressure, coercion or undue influence. In view of the compromise there is a remote possibility of the complainant coming forward to support the prosecution case. The powers under Section 482 Cr.PC can be exercised in such like situation in order to prevent unnecessary vagaries of criminal trial to be faced by the parties, when there are remote chances of conviction of the accused. The compromise in question is found to be fully in consonance with the direction issued by the Court in “Kulwinder Singh & Ors. Vs. State of Punjab 2007(3) RCR (Criminal) 1052 and Gian Singh Vs. State of Punjab & Anr., 2012(4) RCR (Crl.) 543”. VINAY MAHAJAN 2025.07.25 10:20 I attest to the accuracy and integrity of this document CRM-M-15934-2021 #3 In addition, the Hon'ble Supreme Court in Narinder Singh and Others vs State of Punjab and Another, 2014 (2) RCR (Criminal) 482, and State of Madhya Pradesh vs Laxmi Narayan and Others, 2019(2) RCR (Criminal) 255, have categorized those cases where quashing on the basis of compromise was permitted and those in which, it was not permitted. It was further observed that the Court concerned may look into the medical evidence and examine the same to see as to whether the conviction under Section 307 of the IPC was possible or not. Thus, mere registration of an FIR under Section 307 did not foreclose the right of the petitioner/accused to effect a compromise and get the FIR quashed. In the present case, there is no injury with a firearm. Therefore it is extremely unlikely that a conviction could be recorded under Section 307 IPC. In view of the aforesaid report of the learned Judicial Magistrate, 1st Class, Malout accompanied by statements of both the parties, the FIR No.13 dated 04.02.2020 (Annexure P-1) registered under Sections 307, 460, 324, 506, 148, and 149 IPC at Police Station Sadar Malout, District Sri Muktsar Sahib along with all consequential proceedings arising therefrom are hereby quashed qua the petitioners in both the petitions. The petitions stand disposed of. ( JASJIT SINGH BEDI ) JUDGE July 24, 2025 Vinay Whether speaking/reasoned Yes/No Whether reportable Yes/No VINAY MAHAJAN 2025.07.25 10:20 I attest to the accuracy and integrity of this document