Please Log in / Register to access the full text of this judgment and the entire database
(2024) Law Today Live Doc. Id. 19614 = 2024 :PHHC: 132328
Decided on: 04.10.2024
Present:
Mr. H.S. Mann, Advocate for the petitioners.
Ms. Ruchika Sabherwal, Sr. DAG, Punjab.
Mr. Sumeet Puri, Advocate for respondent No.2.
Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 140, 142, 351, 52 – Kidnapping or abduction in order to murder or for ransom (Section 140) – Compromise quashing of FIR -- Compromise has been effected between the parties voluntarily and without any coercion or undue influence – No useful purpose would be served to continue with the proceedings before the trial Court in the F.I.R. – FIR and all subsequent proceedings arising therefrom quashed.
(Para 3-5)
***
MANISHA BATRA, J. (ORAL) –
Prayer in this petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) is for quashing of FIR No.91 dated 17.08.2024 under Sections 140, 142, 351 and 52 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) registered at Police Station Majitha Road, Amritsar City, District Amritsar and all subsequent proceedings arising therefrom on the basis of compromise dated 23.08.2024 (Annexure P-2).
2. This Court vide order dated 13.09.2024 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise.
3. Pursuant to the aforesaid order, parties have appeared before learned Judicial Magistrate Ist Class, Amritsar and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 16.09.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. The quashing petition in CRM-M-43253-2024 qua the co-accused namely Amarbir Singh, Karamjit Kaur and Gurjyot Kaur has also been quashed vide order of even date.
4. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties.
5. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R. Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 = (2007) Law Today Live Doc. Id. 15176 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303 = (2012) Law Today Live Doc. Id. 12249, this petition is allowed and FIR No.91 dated 17.08.2024 under Sections 140, 142, 351 and 52 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) registered at Police Station Majitha Road, Amritsar City, District Amritsar and all subsequent proceedings arising therefrom on the basis of compromise dated 23.08.2024 (Annexure P-2) are quashed qua the petitioners.
Petition allowed.
********