Jarnail Singh And Ors vs State Of Punjab And Anr on 23 February, 2024

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Punjab-Haryana High Court

Jarnail Singh And Ors vs State Of Punjab And Anr on 23 February, 2024

                                                          Neutral Citation No:=2024:PHHC:025404




                                                                2024:PHHC:025404

235        IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                                                  CRM-M-664-2024
                                                  Date of decision: 23.02.2024

JARNAIL SINGH AND OTHERS
                                                                ...PETITIONERS
                           V/S

STATE OF PUNJAB AND ANOTHER
                                                                ...RESPONDENTS

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:    None.

                    ****

HARPREET SINGH BRAR J. (ORAL)

This petition has been filed under Section 482 of the Code of

Criminal Procedure seeking quashing of FIR No.135 dated 13.08.2023

registered under Sections 323/342/451/149 of Indian Penal Code at Police

Station Shahkot, District Jalandhar Rural (Annexure P-1) and all subsequent

proceedings arising therefrom in view of the compromise dated 18.12.2023

(Annexure P-2).

2. The following order was passed on 08.01.2024 :-

“This petition has been filed under Section 482
Cr.P.C. seeking 149 quashing of FIR No.135 dated 13.08.2023
under Sections 323/342/451/149 of IPC registered at Police
Station Shahkot, District Jalandhar Rural (Annexure P- 1) along
with all subsequent proceedings arising therefrom on the basis of
compromise dated 18.12.2023 (Annexure P-2).

Notice of motion.

At this stage, on the asking of the Court, Mr.
Subhash Godara, Addl.A.G., Punjab accepts notice on behalf of
respondent No.1-State and Mr. Govind Chauhan, Advocate for Mr.
Balbir Singh Jaswal, Advocate accepts notice for respondent No.2
and files his power of attorney and admits to the factum of
compromise. Copy of the paper book be supplied to them during
the course of day.



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                                                              Neutral Citation No:=2024:PHHC:025404




CRM-M-664-2024                                    2                  2024:PHHC:025404

                                   Service is complete.

Now the parties are directed to appear before the
learned trial Court/Illaqa Magistrate within two weeks from today
or any other date convenient to the trial Court/Illaqa Magistrate,
to get recorded their statements regarding compromise and after
recording their statements, learned trial Court/Illaqa Magistrate is
directed to send report regarding the genuineness of compromise
and also to intimate whether any PO proceedings are pending
against any of the party on or before the date fixed i.e. 23.02.2024.

A copy of the order be sent to learned trial
Court/Illaqa Magistrate through fax for compliance.”

3. In view of the resolution passed by Bar Association of Punjab and

Haryana High Court, there is no representation on behalf of the parties but

report has been received from the concerned jurisdictional Court and perusal of

the same indicates 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.135 dated 13.08.2023 registered under Sections

323/342/451/149 of Indian Penal Code at Police Station Shahkot, District

Jalandhar Rural (Annexure P-1) and all subsequent proceedings arising out of

the same are quashed, qua the petitioners.




                                                      (HARPREET SINGH BRAR)
February 23, 2024                                           JUDGE
manisha
            (i)     Whether speaking/reasoned                    Yes/No

            (ii)    Whether reportable                           Yes/No

                                                             Neutral Citation No:=2024:PHHC:025404

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