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(2024) Law Today Live Doc. Id. 19618 = 2024 :PHHC: 132244
Decided on: 04.10.2024
Present:
Mr. H.S. Mann, Advocate for the petitioners.
Mr. Rubal Pawar, AAG, Punjab.
Mr. Sumeet Puri, Advocate for respondent No.2.
Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 140, 142, 351, 62 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- 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)
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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.91 dated 17.08.2024 under Sections 140, 142, 351 and 62 of Bharatiya Nyaya Sanhita, 2023 (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 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 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 18.08.2024 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-45801-2024 qua the remaining accused Parneet Singh and Hardial Singh 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 62 of Bharatiya Nyaya Sanhita, 2023 (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.
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