Roshan Masih v. State Of Punjab And Another

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-5808-2020 (O&M) Date of Decision:- 4.7.2022 Roshan Masih ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. J.S.Mahal, Advocate, for the petitioners. Mr. Tanvir Joshi, AAG, Punjab.

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

The petitioner has approached this Court seeking quashing of FIR No.0122, dated 19.10.2019, Police Station Dhariwal, District Gurdaspur, under Sections 324, 323, 325 IPC, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 10.2.2020, 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, Gurdaspur, has been received, wherein it has been reported that the statements of petitioner/accused Roshan Masih and also of complainant Najir MOHAN SINGH 2022.07.04 05:27 I attest to the accuracy and authenticity of this document

- 2 - CRM-M-5808-2020 (O&M) Masih have been recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant Najir Masih in his statement had stated that he has no objection in case the FIR in question is quashed. 5.

The learned Chief Judicial Magistrate, Gurdaspur, 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 FIR No.0122, dated 19.10.2019, Police Station Dhariwal, District Gurdaspur, under Sections 324, 323, 325 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioner.

4.7.2022 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2022.07.04 05:27 I attest to the accuracy and authenticity of this document