Punjab-Haryana High Court
Sukhvir Singh @ Sukhbir Singh @ Sukhi vs State Of Punjab And Others on 11 February, 2025
Neutral Citation No:=2025:PHHC:020014
CRM-M-141-2025
- 1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
303
CRM-M-141-2025
Date of decision: 11.02.2025
SUKHVIR SINGH @ SUKHBIR SINGH @ SUKHI ....Petitioner
Versus
STATE OF PUNJAB AND OTHERS ...Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
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Present : Mr. M.S. Rana, Advocate for the petitioner.
Mr. Rishab Singla, AAG, Punjab.
Mr. R.S. Warraich, Advocate for respondents No.2 to 4.
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HARPREET SINGH BRAR, J. (ORAL)
1. This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.0448 dated 24.12.2021 under Sections 323/341/427/506 of IPC (Sections 353/186/332 of IPC added later on) registered at Police Station Division No.5, Ludhiana, District Ludhiana (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 29.10.2024 (Annexure P-2).
2. Learned counsel for the petitioners inter alia contends that in view of judgment passed by Division Bench of this Court in Vinod @ Boda and Others. Vs. State of Haryana and Others, 2017(1) RCR (Criminal) 571, FIR (supra) under Section 353, 186 and 506 of IPC can be quashed on the basis of 1 of 3 ::: Downloaded on - 14-02-2025 04:42:59 ::: Neutral Citation No:=2025:PHHC:020014 CRM-M-141-2025
- 2- compromise.
2. The following order was passed on 09.01.2025:-
"This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.0448 dated 24.12.2021 under Sections 323/341/427/506 of IPC (Sections 353/186/332 of IPC added later on) registered at Police Station Division No.5, Ludhiana, District Ludhiana (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 29.10.2024 (Annexure P-2).
Notice of motion for 11.02.2025.
At this stage, on the asking of the Court, Mr. Subhash Godara, Addl.A.G., Punjab with Mr. S.S. Goripuria, DAG, Punjab accept notice on behalf of respondent No.1-State and Mr. R.S. Warraich, Advocate accepts notice for respondents No.2 to 4 and files his vakalatnama and admits to the factum of compromise. Copy of the paper book be supplied to them during the course of day.
Service is complete.
In the meanwhile, 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 their statements recorded 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.
A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance. "
3. In compliance of the aforesaid 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 2 of 3 ::: Downloaded on - 14-02-2025 04:43:00 ::: Neutral Citation No:=2025:PHHC:020014 CRM-M-141-2025
- 3- another, (2014) 6 SCC 466, 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.0448 dated 24.12.2021 under Sections 323/341/427/506 of IPC (Sections 353/186/332 of IPC added later on) registered at Police Station Division No.5, Ludhiana, District Ludhiana (Annexure P-1) along with all subsequent proceedings arising therefrom are quashed, qua the petitioners.
(HARPREET SINGH BRAR)
JUDGE
11.02.2025
Amandeep
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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