Surajdeen Alias Sarajdeen Alias Saraju … vs State Of Punjab And Another on 19 February, 2024

Punjab-Haryana High Court

Surajdeen Alias Sarajdeen Alias Saraju … vs State Of Punjab And Another on 19 February, 2024

Author: Manjari Nehru Kaul

Bench: Manjari Nehru Kaul

                                                    Neutral Citation No:=2024:PHHC:022940




                                      2024:PHHC:022940
                                                   306
        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                     CRM-M No.41484 of 2023
                 Date of decision: 19th February, 2024

Surajdeen @ Sarajdeen @ Saraju & others
                                                                 ... Petitioners
                                   Versus
State of Punjab & another
                                                              ... Respondents

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:    None for the petitioners.
            ASI Bodh Raj, for the respondent/State.
            None for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL)

1. The instant petition has been filed under Section 482

Cr.P.C. for quashing FIR No.63 dated 14.07.2022 under Sections 365,

341 and 147 of the IPC registered at Police Station Sadar Pathankot,

District Pathankot along with all consequential proceedings arising

therefrom on the basis of compromise dated 30.09.2022 (Annexure

P-2) effected between the parties.

2. Vide order dated 17.10.2023 of this Court, the parties were

directed to appear before the learned trial Court/Illaqa Magistrate to get

their statements recorded regarding the compromise arrived at, between

them.

3. Report has since been received from learned Judicial

Magistrate, 1st Class, Pathankot, in pursuance of the direction of this

Court, wherein, the factum of the compromise arrived at between the

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CRM-M No.41484 of 2023 2024:PHHC:022940
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parties stands verified and confirmed. As per the report, compromise

has indeed been effected between the parties and the same is without

any pressure or coercion and out of their free will and the complainant

has also made statement to the effect that he would have no objection if

the FIR qua the accused-petitioners is quashed.

4. The trial Court has annexed the statements of the parties in

original, alongwith its report.

5. ASI Bodh Raj, who is present in person on behalf of the

State, too submits that there are no other accused other than the

petitioners and respondent No.2 is the only aggrieved person in the FIR

in question.

6. In view of the report of the learned Judicial Magistrate, 1st

Class, Pathankot and the principles laid down by the Apex Court in

‘Gian Singh Vs. State of Punjab and others’ (2012) 10 SCC 303,

and also by the Full Bench of this Court in ‘Kulwinder Singh and

others v. State of Punjab and another’ 2007 (3) RCR (Criminal)

1052, the instant petition is allowed. The aforesaid FIR and all

consequential proceedings arising out of it qua the petitioners, are

quashed.

7. Needless to say, the parties shall remain bound by the terms

of compromise and their statements recorded before the Court below.

                                            (MANJARI NEHRU KAUL)
                                                   JUDGE
February 19, 2024
rps
            Whether speaking/reasoned                     Yes/No
            Whether reportable                            Yes/No

Neutral Citation No:=2024:PHHC:022940

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