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2025 DAILYLAW 45856 (PNJ)

SARABJIT SINGH AND OTHERS v. STATE OF PUNJAB AND ANOTHER

CRM-M/22288/2024 · 2025-05-08

Manjari Nehru Kaul

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Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 300 CRM-M-22288-2024 Date of decision: May 08, 2025 SARABJIT SINGH AND OTHERS ...Petitioners Versus STATE OF PUNJAB AND ANOTHER ...Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present: Mr. Krishan Sharma, Advocate for the petitioners. Mr. Gautam Thapar, Sr. DAG, Punjab. Mr. Akinchan Aggarwal, Advocate for respondents No.2 and 3. MANJARI NEHRU KAUL, J. (ORAL) 1. Prayer in the instant petition is for quashing of FIR No.47 dated 16.06.2021 under Sections 324, 323, 447, 511, 506, 120B, 148, 149 of the IPC (Section 325 of the IPC added lateron) registered at Police Station Smalsar, District Moga, along with all consequential proceedings arising therefrom on the basis of compromise dated 19.04.2024 (Annexure P-4). 2. Vide order dated 25.03.2025 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 09.04.2025 to get their statements recorded regarding the compromise arrived at, between them. 3. Report has since been received from learned Judicial Magistrate Ist Class, Baghapurana, in pursuance of the directions of this Court, wherein the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report, compromise has indeed been effected Jaspreet Kaur 2025.05.09 15:04 I attest to the accuracy and integrity of this document Chandigarh CRM-M-22288-2024 -2- between the parties and the same is without any pressure or coercion and out of their free will, and the complainants have also made statement to the effect that they would have no objection if the FIR qua the accused- petitioners is quashed. 4. The trial Court has annexed the statements of the parties in original, along with its report. 5. Learned State counsel too submits that there are no other accused other than the petitioners and respondents No.2 and 3 are the only aggrieved person in the FIR in question. 6. In view of the report of the learned trial Court, and the principles laid down by the Hon’ble Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. 7. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. May 08, 2025 (MANJARI NEHRU KAUL) Jaspreet Kaur JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Jaspreet Kaur 2025.05.09 15:04 I attest to the accuracy and integrity of this document Chandigarh