Balwinder Lal And Others vs State Of Punjab And Another on 19 February, 2024

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Punjab-Haryana High Court

Balwinder Lal And Others vs State Of Punjab And Another on 19 February, 2024

                                                          Neutral Citation No:=2024:PHHC:022943




                                                       2024:PHHC:022943
CRM-M-53151-2023                                                       1

272(2)   IN THE HIGH COURT OF PUNJAB AND HARYANA
                       CHANDIGARH
                                 CRM-M-53151-2023 (O&M)
                                 Date of Decision: 19.02.2024
BALWINDER LAL AND OTHERS
                                                                 ...Petitioners
                                 V/S

STATE OF PUNJAB AND ANOTHER
                                                                ...Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present: None for the parties.

                   ****

1. In view of the resolution passed by Punjab and Haryana High

Court Bar Association, there is no representation on behalf of the parties,

however, a perusal of the pleadings would indicate that the present petition

has been filed under Section 482 of the Code of Criminal Procedure seeking

quashing of FIR No. 0181 dated 22.10.2021 registered under Sections 323,

427, 379, 148 and 149 of Indian Penal Code at Police Station Sadar

Kapurthala, District Kapurthala and all subsequent proceedings arising

therefrom in view of the compromise dated 25.08.2023 (Annexure P-4).

2. The following order was passed on 18.10.2023:

“This petition has been filed under Section 482
Cr.P.C. for quashing of case FIR No.0181 dated
22.10.2021 under Sections 323, 427, 379, 148 & 149 of
Indian Penal Code, 1860 registered at Police Station
Sadar Kapurthala, District Kapurthala (Annexure P-2)
and subsequent proceedings arising therefrom, on the
basis of compromise dated 25.08.2023 (Annexure P-4)
arrived at between the parties.

Learned counsel for the petitioners contends
that the parties have compromised the matter and as such,
present FIR is liable to be quashed.

Notice of motion returnable for 12.12.2023.

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2024:PHHC:022943
CRM-M-53151-2023 2
Mr. Sarabjit Singh Cheema, DAG, Punjab, puts
in appearance on behalf of respondent No.1-State.

Mr. M.K. Bali, Advocate, puts in appearance on
behalf of respondent No.2 and has filed his Power of
Attorney in Court, which is taken on record.

Learned counsel for respondent No.2-
complainant has endorsed the averments made by learned
counsel for the petitioners and acknowledged the factum
of compromise between the parties.

In view of the above, both parties are directed
to appear before the concerned trial Court/Duty
Magistrate for recording their statements on 24.10.2023
or any other date convenient to the trial Court/Duty
Magistrate. The statement of Investigating Officer be
also recorded on the same day, who would also identify
the parties appearing before the Court. The original
compromise shall be produced before the trial Court/Duty
Magistrate.

The trial Court/Duty Magistrate is directed to
submit a report on or before the next date of hearing,
containing the following information:-

1. Number of persons arrayed as accused.

2. Whether any accused is proclaimed person?

3. Whether all the accused/petitioner(s) is/are appearing
before the Court?

4. Whether the compromise is genuine, voluntary and
without any coercion or undue influence?

5. Whether the accused/petitioner(s) is/are involved in
any other FIR or not?

6. The trial Court/Illaqa Magistrate/Duty Magistrate is
also directed to record the statement of the Investigating
Officer as to how many victims/ complainants are there in
the FIR.

A copy of the statements so recorded be also
sent along with the report.

State to file reply/status report by the next

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2024:PHHC:022943
CRM-M-53151-2023 3
date.”

3. In compliance of the above 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, Ramgopal and another Vs. State of

Madhya Pradesh 2021 SCC OnLine SC 834 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. 0181 dated 22.10.2021

registered under Sections 323, 427, 379, 148 and 149 of Indian Penal Code

at Police Station Sadar Kapurthala, District Kapurthala and all subsequent

proceedings arising out of the same are quashed, qua the petitioners.





                                                 (HARPREET SINGH BRAR)
19.02.2024                                               JUDGE
Ajay Goswami
                    Whether speaking/reasoned        Yes/No
                    Whether reportable               Yes/No




Neutral Citation No:=2024:PHHC:022943

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