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2025 DAILYLAW 35537 (PNJ)

CHARANJIT SINGH v. STATE OF PUNJAB AND ANOTHER

CRM-M/16330/2024 · 2025-03-21

Deepak Gupta

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Judgment text

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232 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-16330-2024 (O&M) Date of Decision: 21.03.2025 CHARANJIT SINGH Petitioner V/S STATE OF PUNJAB AND ANOTHER Respondents CORAM: HONBLE MR. JUSTICE HARPREET SINGH BRAR Present: None for the private parties. Mr. Nitesh Sharma, DAG Punjab. **** HARPREET SINGH BRAR J. (Oral) 1. By way of this petition, prayer is made to quash FIR No.95 dated 27.09.2023, under Sections 323, 294, 341 and 506 of IPC, registered at Police Station Division No.5, District Police Commissionerate Jalandhar and all the subsequent proceedings arising out of the said FIR on the basis of compromise dated 29.02.2024 (Annexure P-2). 2. The following order was passed on 04.04.2024: By way of this petition, prayer is made to quash FIR No.95 dated 27.09.2023, under Sections 323, 294, 341 and 506 of IPC, registered at Police Station Division No.5, District Police Commissionerate Jalandhar and all the subsequent proceedings arising out of the said FIR on the basis of compromise dated 29.02.2024 (Annexure P-2). Notice of motion. Mr. Sahil R. Bakshi, Aag, Punjab accepts notice on behalf of respondent No.1-State. Mr. Aniket Singh Rajput, Advocate accepts notice on behalf of respondent No.2, filed his power of attorney and admits the factum of compromise. In view of the above, parties are directed to appear before learned Trial Court/Area Magistrate for making the statements regarding the compromise on or before 30.04.2024 or any other date which may be fixed by the trial Court for getting the statements recorded. Learned Magistrate shall report to this Court regarding the AJAY GOSWAMI 2025.03.21 17:49 I attest to the accuracy and integrity of this document CRM-M-16330-2024 (O&M) -2- genuineness of the compromise; number of accused involved; the fact that all the aggrieved parties are party to the compromise, that no accused is absconding/P.O. Statement of Investigating Officer shall also be recorded by the said Magistrate to the effect that no other accused or aggrieved person is involved. Adjourned to 28.05.2024.” 3. Thereafter, vide orders dated 30.09.2024 and 20.02.2025, parties were again directed to appear before the learned Illaqa Magistrate/trial Court for getting their statements recorded, in terms of the compromise. 4. In compliance of the aforesaid orders, 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. 5. In view of the compromise and the ratio of law laid down by the Honble 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.95 dated 27.09.2023, under Sections 323, 294, 341 and 506 of IPC, registered at Police Station Division No.5, District Police Commissionerate Jalandhar along with all subsequent proceedings arising therefrom are quashed, qua the petitioner. (HARPREET SINGH BRAR) 21.03.2025 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2025.03.21 17:49 I attest to the accuracy and integrity of this document