Gurpreet Singh And Others v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-976-2019 (O&M) Date of Decision:-20.1.2020 Gurpreet Singh and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Gursimran Singh Bhatia, Advocate for the petitioners. Ms. Rashmi Attri, Assistant Advocate General, Punjab. Mr. Sanjeev Banga, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J .(Oral) The petitioners have approached this Court seeking quashing of FIR No.0145 dated 1.10.2017 registered at Police Station Gharinda, Amritsar Rural under Sections 341, 295, 506, 148 and 149 of Indian Penal Code, 1860 and Sections 25 and 27 of Arms Act, 1959 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

Vide order dated 11.1.2019, the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get their statements recorded qua the factum of compromise.

Report of learned Chief Judicial Magistrate, Amritsar has been received, wherein it has been reported that statements of petitioners/accused PANKAJ KAKKAR 2020.01.20 20:07 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-976-2019 (O&M) Gurpreet Singh, Kunan Singh, Jagjit Singh, Gurjant Singh, Avtar Singh, Hussanpreet Singh, Sukhmanpreet Singh, Bakshish Singh and also of complainant Lovepreet Singh have been recorded to the effect that they have compromised the matter amongst themselves.

The complainant in his statement has stated that he has no objection in case the FIR in question is quashed. The learned Chief Judicial Magistrate, Amritsar has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 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 FIR No.0145 dated 1.10.2017 registered at Police Station Gharinda, Amritsar Rural under Sections 341, 295, 506, 148 and 149 of Indian Penal Code, 1860 and Sections 25 and 27 of Arms Act, 1959 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

20.1.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2020.01.20 20:07 I attest to the accuracy and integrity of this document