Surjit Singh And ORS v. State Of Punjab And Others

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 10.12.2024 Surjit Singh and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Aayushi Jindal, Advocate for Mr. Prateek Sodhi, Advocate, for the petitioners. Mr. Japjot Singh, AAG, Punjab.

Mr. Umesh Aggarwal, Advocate, for respondents No.2 to 4. ***** GURVINDER SINGH GILL , J . (Oral) 1.

Petitioners-Surjit Singh and Simranjit Singh @ Simarjit Singh have approached this Court seeking quashing of DDR No.23, dated 18.6.2018, under Sections 323, 336, 324, 120-B, 148, 149 IPC and Sections 25/27/54/59 of Arms Act arising out of FIR No.63, dated 18.6.2018, Police Station Kathu Nangal, District Amritsar Rural, under Sections 323, 324, 120-B, 148, 149 IPC (Section 326 IPC

- 2 - added later on), and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 31.07.2024, the parties (except petitioners No.2 to

10) had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Judicial Magistrate 1st Class, Amritsar, has been received, wherein it has been reported that the statement of petitioners/accused Surjit Singh, Simranjit Singh @ Simarjit Singh and complainant/victim Malook Singh, Jasbeer Singh, Sikander Singh have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Complainant/victim Malook Singh, Jasbeer Singh, Sikander Singh in their statement had stated that they have no objection in case the FIR in question is quashed.

5.

The learned Judicial Magistrate 1st Class, Amritsar, has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 6.

In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the present petition is allowed and DDR No.23, dated 18.6.2018, under Sections 323, 336, 324, 120-B, 148, 149 IPC and Sections 25/27/54/59 of Arms Act

- 3 - arising out of FIR No.63, dated 18.6.2018, Police Station Kathu Nangal, District Amritsar Rural, under Sections 323, 324, 120-B, 148, 149 IPC (Section 326 IPC added later on), and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners namely Surjit Singh and Simranjit Singh @ Simarjit Singh. 10.12.2024 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No