IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

283 CRM-M-44461-2024 (O&M)

Date of decision: 24.02.2025 Rajwinder Singh @ Harjinder Singh @ Jinda and others ....Petitioners Versus State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. L.S. Sidhu, Advocate for the petitioners.

Mr. Rishabh Singla, AAG, Punjab.

Mr. D.S. Sandhu, Advocate for respondent No.2.

HARPREET SINGH BRAR J. (Oral)

1. This petition has been filed under Section 482 of the Code of Criminal Procedure (in short ‘Cr.P.C.’) seeking quashing of FIR No.70 dated 14.06.2024 registered under Sections 326, 324, 323, 148, 149 IPC at Police Station Zira, District Ferozepur, and all proceedings arising therefrom in view of the compromise deed dated 09.07.2024.

2. The following order was passed on 18.09.2024:-

“ XX XX XX XX Short reply by way of affidavit of Mr. Gurdeep Singh, Deputy Superintendent of Police, Zira, District Ferozepur has been filed. The same is taken on record. A copy of the short reply has been furnished to learned counsel opposite.

The parties are directed to move an application before the trial Court/Illaqa Magistrate concerned for getting their statements recorded qua the factum of compromise. As and when 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 Investigating Officer, the trial Court/Illaqa Magistrate shall submit 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 petitioner, arrayed in this petition.

(ii) Whether there is any other complainant or affected/aggrieved party other than the respondents, arrayed in the petition.

(iii) Whether any accused has been declared Proclaimed Offender?

(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 before the next date.

List again on 11.11.2024.”

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. 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.70 dated 14.06.2024 registered under Sections 326, 324, 323, 148, 149 IPC at Police Station Zira, District Ferozepur and all other subsequent proceedings arising out of the same are quashed, qua the petitioners.

(HARPREET SINGH BRAR)

JUDGE

24.02.2025 yakub Whether speaking/reasoned: Yes/No Whether reportable: Yes/No