Punjab-Haryana High Court
Gorroban Singh Alias Robin Singh vs State Of Punjab And Another on 6 February, 2025
Neutral Citation No:=2025:PHHC:018144
284-1 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of decision: 06.02.2025
1. CRM-M-15122-2024
GORROBAN SINGH ALIAS ROBIN SINGH
...PETITIONER
V/S
STATE OF PUNJAB AND ANOTHER
...RESPONDENTS
2. CRM-M-40086-2024
KULBIR SINGH
...PETITIONER
V/S
STATE OF PUNJAB AND ANOTHER
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Daljeet Singh, Advocate with
Mr. A.S. Manaise, Advocate for the petitioner.
Mr. Rishabh Singla, AAG, Punjab.
Mr. Ajaypal Singh Aulakh, Advocate for
Mr. Abhishek Thakur, Advocate for respondent No.2.
****
HARPREET SINGH BRAR,
BRAR J. (ORAL)
1. This order of mine shall dispose of both the above above-said petitions as both are arising out of the same FIR. For the sake of brevity, the facts are borrowed from CRM-M-15122-2024 titled as Gorroban Singh alias Robin Singh vs. State of Punjab and another.
2. These petitions have been filed under Section 482 Cr.P.C.
seeking quashing of FIR R No.84 dated 10.11.2023, under Sections 379-B, 451, 1 of 3 ::: Downloaded on - 08-02-2025 17:30:03 ::: Neutral Citation No:=2025:PHHC:018144 CRM-M-15122 15122-2024 & 01 connected case 2 506, 34 IPC, registered at Police Station Ghanie Ke Bangar, Police District Batala District Gurdaspur (Annexure P-1)
1) along with all subsequent proceedings arising therefrom on the basis of compromise dat dated 18.03.2024 (Annexure P-2).
2).
2. The following order was passed on 22.03.2024 :-
"Through Through the instant petition, prayer is made for quashing of FIR No.84 dated 10.11.2023, under Sections 379 379-B, 451, 506, 34 IPC, registered at Police Station Ghanie Ke Bangar, Police District Batala District Gurdaspur and all subsequent proceedings enumerating therefrom, on the basis of compromise dated 18.3.2024 (Annexure P-2).
2).
Notice of motion.
Mr. Pardeep Bajaj, DAG, Punjab, waives service on behalf of the respondent-State State whereas, Mr. Abhishek Thakur, Advocate has filed his Vakalatnama on behalf of respondent No.2 and has submitted that he has no objection in case the FIR(supra) is quashed on the basis of compromise (Supra).
In view of above, the parties are dire directed to appear before the learned Illaqa Magistrate/trial Court concerned within one month from today to get their respective statements recorded regarding the compromise and after recording their respective statements, the learned trial Court/Illaqa Magis Magistrate concerned is directed to send the same alongwith its report, regarding the genuineness of compromise, on or before the next date of hearing in the present petition, specifically with regard to the following facts:-
1. Number of persons arrayed as acc accused in the FIR;
2. Whether any accused is proclaimed offender;
3. Stage of the trial/proceedings.
4. Whether the compromise is genuine, voluntary, and without any coercion or undue influence and
5. Total number of victims and their names.
It is made clear that complainant/private respondent should also appear in person before the learned trial Court/Illaqa 2 of 3 ::: Downloaded on - 08-02-2025 17:30:04 ::: Neutral Citation No:=2025:PHHC:018144 CRM-M-15122 15122-2024 & 01 connected case 3 Magistrate concerned to get his statement recorded regarding compromise.
To come up on 20.5.2024.
The State counsel is also directed to verify the factum of compromise by the date fixed.
A copy of this order be sent to the learned trial Court/Illaqa Magistrate for compliance.
compliance."
3. Thereafter on 20.12.2024, the parties were again directed to appear before the trial Court/Illaqa Magistrate within one month. In compliance of the aforesaid orders, 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 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 46, 46 and Shakuntala Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in Kulwinder winder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052 1052, this petition is allowed and FIR No.84 dated 10.11.2023, under Sections 379 379-B, 451, 506, 34 IPC, registered at Police Station Ghanie Ke Bangar, Police District Batala District Gurdaspur and all consequential sequential proceedings arising out of the same are quashed, qua the petitioners petitioners in both the cases.
5. A photocopy of this order be placed on the file of other connected case.
(HARPREET HARPREET SINGH BRAR BRAR) February 06, 2025 202 JUDGE manisha
(i) Whether speaking/reasoned Yes/No
(ii) Whether reportable Yes/No 3 of 3 ::: Downloaded on - 08-02-2025 17:30:04 :::