Please Log in / Register to access the full text of this judgment and the entire database
(2024) Law Today Live Doc. Id. 19663 = 2024 :PHHC: 147798
Decided on: 13.11.2024
Present:
Mr. Nitin Narula, Advocate for the petitioners.
Mr. Navdeep Singh, Deputy Advocate General, Punjab.
Mr. Sandeep Sharma, Advocate for respondent No.2.
Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 323(4), 324(5), 333, 191(3), 190, 305 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 – House trespass after preparation for hurt, assault or wrongful restraint/ 333-BNS – Rioting armed with deadly weapon/ 191(3)-BNS – 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.86 dated 01.08.2024 under Sections 323(4), 324(5), 333, 191(3), 190, 305 of the BNS registered at Police Station Bhindi Saidan, District Amritsar Rural, along with all consequential proceedings arising therefrom on the basis of compromise dated 16.08.2024 (Annexure P-2).
2. Vide order dated 13.09.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 14.10.2024 to get their statements recorded regarding the compromise arrived at, between them.
3. Report has since been received from learned Judicial Magistrate Ist Class, Ajnala, 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-petitioners is quashed.
4. The trial Court has annexed the statements of the parties in original, along with its report.
5. 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.
6. In view of the report of the learned Judicial Magistrate Ist Class, Ajnala, 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.
********