Punjab-Haryana High Court
Jagdev Singh And Others vs State Of Punjab And Another on 2 December, 2020
Author: Anupinder Singh Grewal
Bench: Anupinder Singh Grewal
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
233 CRM-M-25674-2020
DATE OF DECISION: 02.12.2020
JAGDEV SINGH AND OTHERS ... Petitioner(s)
Versus
STATE OF PUNJAB AND ANR. ... Respondent(s)
CORAM: HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
Present: Mr. Inderjit Sharma, Advocate for the petitioners.
Mr. Ramdeep Partap Singh, DAG, Punjab.
Mr. Mukesh Bhatnagar, Advocate for respondent No.2.
*****
ANUPINDER SINGH GREWAL, J. (ORAL)
Heard through video conferencing.
The petitioners are seeking quashing of FIR No.0033 dated 11.06.2019 under Sections 341, 323, 506 & 34 IPC, (Section 308 IPC added later on), registered at Police Station Sadar Rampura, District Bathinda on the basis of compromise which has been arrived at between the parties.
Learned counsel for the petitioners contends that the FIR is the outcome of a sudden quarrel between the parties and the matter has been compromised. The injured has fully recovered from the injuries. He also contends that the injury, for which Section 308 IPC was added later on, had been caused with the reverse side of the 'kirpan' on the nose of the complainant who has fully recovered.
A coordinate Bench of this Court vide order dated 03.09.2020 had directed the parties to appear before the Illaqa Magistrate/trial Court for recording their statements and send a report as to whether the compromise has 1 of 2 ::: Downloaded on - 02-12-2020 23:22:56 ::: CRM-M-25674-2020 2 been arrived at without any coercion or undue influence. The report of the Sub Divisional Judicial Magistrate, Phul dated 12.10.2020 has been received, wherein it is stated that in pursuance to the order of this Court, the statements of the parties were recorded which indicates that compromise which has been effected is genuine, voluntary and without undue influence.
The FIR is an outcome of a sudden quarrel between the parties and the matter has been compromised. The injured has fully recovered from the injuries.
In view of the law laid down by the Supreme Court in the case of Narinder Singh vs. State of Punjab 2014 (6) SCC 466, no useful purpose will be served by continuing the criminal proceedings. Therefore, the petition is allowed and the FIR No.0033 dated 11.06.2019 under Sections 341, 323, 506 & 34 IPC, (Section 308 IPC added later on), registered at Police Station Sadar Rampura, District Bathinda and all consequential proceedings are hereby quashed qua the petitioner(s).
(ANUPINDER SINGH GREWAL)
JUDGE
02.12.2020
SwarnjitS
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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