Please Log in / Register to access the full text of this judgment and the entire database
(2024) Law Today Live Doc. Id. 19664 = 2024 :PHHC: 147790
Decided on: 13.11.2024
Present:
Ms. Meena, Advocate for the petitioner.
Mr. Navdeep Singh, Deputy Advocate General, Punjab.
Mr. Jagjeet Singh, Advocate for respondent No.2.
Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 305(a), 331(4) – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 – House-trespass or House breaking/ 331(4)-BNSS -- Compromise quashing of FIR -- Compromise arrived at between the parties verified and confirmed -- FIR and all consequential proceedings, quashed.
(Para 1-6)
***
MANJARI NEHRU KAUL, J. (ORAL) –
Prayer in the instant petition is for quashing of FIR No.90 dated 19.07.2024 under Sections 305(a), 331(4) of the BNS registered at Police Station Sirhali, District Tarn Taran, along with all consequential proceedings arising therefrom on the basis of compromise (Annexure P-2).
2. Mr. Jagjeet Singh, Advocate, has entered appearance on behalf of respondent No.2 and filed his power of attorney, which is taken on record.
3. Vide order dated 13.09.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 14.10.204 to get their statements recorded regarding the compromise arrived at, between them.
3A. Report has since been received from learned Judicial Magistrate Ist Class, Tarn Taran, in pursuance of the directions 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 he would have no objection if the FIR qua the accused-petitioner is quashed.
4. The trial Court has annexed the copies of the statements of the parties, along with its report.
5. Learned State counsel too submits that there are no other accused other than the petitioner 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 Ist Class, Tarn Taran, and the principles laid down by Hon’ble the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303 = (2012) Law Today Live Doc. Id. 12249, 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 = (2007) Law Today Live Doc. Id. 15176, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed.
7. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below.
Petition allowed.
********