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High Court of Punjab and HaryanaCRM-M/1931/2024allowed

Piyush And ORS. v. State Of Punjab And Another

2024-07-16Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-1931-2024 (O&M) Date of Decision:-16.7.2024 Piyush and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Komalpreet Kaur, Advocate for the petitioners. Mr. Inderjeet Singh Ladher, DAG, Punjab.

Mr. G.S. Rawat, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners seek quashing of FIR No.103, dated 25.10.2023 registered at Police Station Division No.4, Jalandhar, under Sections 324, 323, 506 and 34 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties.

2.

Vide order dated 15.1.2024, the parties 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 Chief Judicial Magistrate, Jalandhar has been received, wherein it has been reported that statements of petitioners/accused Piyush, Sujjal, Narinder Gill @ Narinder Kumar @ Sundri, Sonia, Kamlesh Rani @ Pankaj Kakkar 2024.07.16 17:03 I attest to the accuracy and authenticity of this document

CRM-M-1931-2024 (O&M) ( 2 ) Kamlesh and also of respondent No.2 namely Ekam have been recorded to the effect that they have compromised the matter amongst themselves. 4.

Respondent No.2 namely Ekam in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

Learned Chief Judicial Magistrate, Jalandhar has specifically opined that the parties have entered into compromise voluntarily and without any 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 FIR No.103, dated 25.10.2023 registered at Police Station Division No.4, Jalandhar, under Sections 324, 323, 506 and 34 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

16.7.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.07.16 17:03 I attest to the accuracy and authenticity of this document