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(2024) Law Today Live Doc. Id. 19615 = 2024 :PHHC: 132273
Decided on: 04.10.2024
Present:
Mr. Rajesh K. Dadwal, Advocate for the petitioner.
Ms. Ruchika Sabherwal, Sr. DAG, Punjab.
Mr. Rohit Sapehiya, Advocate for Mr. Kirpal Singh, Advocate for respondent No.2.
Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 115(2), 127(2), 191(3), 190 – Rioting armed with deadly weapon/ Sec.191(3) -- 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)
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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.57 dated 17.07.2024 under Sections 115(2), 127(2), 191(3) and 190 of Bharatiya Nyaya Sanhita, registered at Police Station Talwara, District Hoshiarpur and all subsequent proceedings arising therefrom on the basis of compromise dated 18.08.2024 (Annexure P-2).
2. This Court vide order dated 03.09.2024 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 Judicial Magistrate Ist Class, Mukerian and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 25.09.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.
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.57 dated 17.07.2024 under Sections 115(2), 127(2), 191(3) and 190 of Bharatiya Nyaya Sanhita, registered at Police Station Talwara, District Hoshiarpur and all subsequent proceedings arising therefrom on the basis of compromise dated 18.08.2024 (Annexure P-2) are quashed qua the petitioner.
Petition allowed.
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