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Punjab-Haryana High Court
Ram Singh And Anr vs State Of Punjab And Another on 19 February, 2024
Neutral Citation No:=2024:PHHC:022933
2024:PHHC:022933
CRM-M-52948-2023 1
272 IN THE HIGH COURT OF PUNJAB AND HARYANA
CHANDIGARH
CRM-M-52948-2023 (O&M)
Date of Decision: 19.02.2024
RAM SINGH AND ANOTHER
...Petitioner
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 DDR No. 28 dated 22.10.2021 registered under Sections 323,
324, 379, 506, 148 and 149 of Indian Penal Code and Sections 3, 3(1)R,
3(1)S of The Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act at Police Station Sadar Kapurthala, District Kapurthala
arising as cross case out 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 DDR No.028 dated 22.10.2021 under
Sections 323, 324, 379, 506, 148 & 149 IPC and Sections 3,
3(1)R, 3(1)S of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 registerd at Police
Station Sadar Kapurthala, District Kapurthala (Annexure P-
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CRM-M-52948-2023 2
3) arising out of a cross 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.
Mr. Sarabjit Singh Cheema, DAG, Punjab, puts in
appearance on behalf of respondent No.1-State.
Mr. Bhupeshwar S. Jaswal, 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
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CRM-M-52948-2023 3
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 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 DDR No. 28 dated 22.10.2021
registered under Sections 323, 324, 379, 506, 148 and 149 of Indian Penal
Code and Sections 3, 3(1)R, 3(1)S of The Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act at Police Station Sadar Kapurthala,
District Kapurthala arising as cross case out 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 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:022933
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