Punjab-Haryana High Court
Diljot Singh @ Dj And Another vs State Of Punjab And Another on 16 November, 2021
Author: Manjari Nehru Kaul
Bench: Manjari Nehru Kaul
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
234
CRM-M-37414-2021
Decided on : 16.11.2021
Diljot Singh @ DJ and another
. . . Petitioner(s)
Versus
State of Punjab and another
. . . Respondent(s)
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
PRESENT: Mr. M.S. Bhatti, Advocate
for the petitioner(s).
Mr. Luvinder Sofat, AAG, Punjab.
Mr. Sanjay Khan, Advocate
for respondent No.2-complainant.
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MANJARI NEHRU KAUL, J. (Oral)
The instant petition is for quashing of DDR No. 46, dated 20.07.2015, lodged under Sections 323, 341, 354, 506, 148, 149 of IPC, registered at Police Station Derabassi (Annexure P-1) in FIR No. 160, dated 20.07.2015, under Sections 452, 323, 427, 506, 148, 149 of IPC, registered at Police Station Derabassi (Annexure P-2) and all the consequential proceedings arising out of the same, on the basis of compromise-deed dated 28.07.2021 (Annexure P-3).
It has been submitted that the cross version arising out of the FIR in question also stands compromised between the parties and a petition i.e. CRM-M-29999-2020, was filed before this Court for quashing of the FIR in question on the basis of compromise, which was allowed vide order dated 18.12.2020.
Vide order dated 14th September, 2021, of this Court, the parties were directed to appear before the learned Illaqa Magistrate/trial 1 of 2 ::: Downloaded on - 17-11-2021 00:55:31 ::: CRM-M-37414-2021 -2- Court on 14th October, 2021, to get their statements recorded, regarding the compromise arrived at, between them.
Report has since been received from the learned SDJM, Derabassi, in pursuance to the direction of this Court, wherein, the factum of the compromise arrived at between the 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 she would have no objection if the FIR qua the accused- petitioners is quashed. The trial Court has annexed the photocopies of the statements of the parties along with its report.
Learned State counsel 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.
In view of the report of the learned SDJM, Derabassi, 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 Vs. 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, are quashed.
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 November 16, 2021 J.Ram Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No 2 of 2 ::: Downloaded on - 17-11-2021 00:55:31 :::