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CRM-M-43076-2024 (O&M) 1 283 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-43076-2024 (O&M) Date of Decision: 25.03.2025 DARSHAN SINGH AND OTHERS ...PETITIONERS Versus STATE OF PUNJAB AND OTHERS
...RESPONDENTS CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Ms. Meena, Advocate for Mr. Amit Arora, Advocate for the petitioners. Mr. Rishabh Singla, AAG Punjab. Ms. Prabha, Advocate for Mr. Parminder Singh Kanwar, Advocate for respondents No. 2 to 4. *** Harpreet Singh Brar, J. (Oral)
1. This petition has been filed under Section 428 of Cr.P.C. seeking quashing of FIR No. 30 dated 05.03.2019 under Sections 323, 324, 452, 427, 506, 148 and 149 of Indian Penal Code (Section 325 of IPC added later on), registered at Police Station Goindwal Sahib, District Tarn Taran along with all subsequent proceedings arising therefrom on the basis of compromise dated 28.09.2023 (Annexure P-2). 2. The following order was passed on 28.10.2024:
“The petitioners have approached this Court seek- ing quashing of FIR (Annexure P-1) and all consequential pro- ceedings emanating therefrom on the basis of a compromise hav- ing been effected between the parties. Notice of motion for 25.3.2025. At this stage, Ms. Garima Choudhary, Advocate for Mr. Parminder Singh Kanwar, Advocate has put in appearance on behalf of respondents No.2 to 4 and has filed Power of Attor- ney, which is taken on record. The parties are directed to move an application be- fore the trial Court/Illaqa Magistrate concerned for getting their statements recorded qua the factum of compromise. As and when AJAY GOSWAMI 2025.03.25 18:38 I attest to the accuracy and integrity of this document
CRM-M-43076-2024 (O&M) 2 any such application is moved and put up before the trial Court/Illaqa Magistrate, the trial Court/Illaqa Magistrate shall consider the said application and do the needful for recording the statements of the parties qua the factum of the compromise, on any convenient date. After recording the statements of all the affected parties, and upon getting requisite information from In- vestigating Officer, the trial Court/Illaqa Magistrate shall sub- mit its report on the basis of the statements so recorded, broadly on the following aspects: (i) Whether there is any other accused other than the petitioners, arrayed in this petition. (ii) Whether there is any other complainant or affected/ag- grieved party other than the respondents, arrayed in the petition. (iii) Whether any accused has been declared Proclaimed Of- fender?
(iv) Whether the compromise in question is found to be a valid compromise and has been effected without there being any kind of influence or coercion? The report be submitted before this Court on or be- fore the next date.”
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. Kaush- alya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in Kul- winder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition is allowed and FIR No. 30 dated 05.03.2019 under Sections 323, 324, 452, 427, 506, 148 and 149 of Indian Penal Code (Section 325 of IPC added later on), AJAY GOSWAMI 2025.03.25 18:38 I attest to the accuracy and integrity of this document
CRM-M-43076-2024 (O&M) 3 registered at Police Station Goindwal Sahib, District Tarn Taran along with all subsequent proceedings arising therefrom are quashed, qua the petitioners. (HARPREET SINGH BRAR)
JUDGE 25.03.2025 Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2025.03.25 18:38 I attest to the accuracy and integrity of this document