Sunny And ORS v. State Of Punjab And ANR

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-2768-2020 (O&M) Date of Decision:- 02.8.2022 Sunny and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- None for the petitioners.

Mr. Luvinder Sofat, AAG, Punjab.

***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners have approached this Court seeking quashing of FIR No.168 dated 13.9.2019, Police Station Gate Hakima, Police District Police Commissionerate Amritsar, under Sections 323, 324, 341, 32 IPC, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 22.01.2020, 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 Judicial Magistrate 1st Class, Amritsar, has been received, wherein it has been reported that the statements of petitioners/accused Sunny, Lovely, Mani @ Pawan Kumar and complainant Baljit Singh @ Sajan have been recorded to the effect MOHAN SINGH 2022.08.02 04:35 I attest to the accuracy and authenticity of this document

- 2 - CRM-M-2768-2020 (O&M) that they have compromised the matter amongst themselves. It has also been informed that petitioner No.4-Kamlesh Rani has expired on 15.2.2021.

4.

The complainant Baljit Singh in his statement had stated that he has 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 FIR No.168 dated 13.9.2019, Police Station Gate Hakima, Police District Police Commissionerate Amritsar, under Sections 323, 324, 341, 32 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners. 02.8.2022 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2022.08.02 04:35 I attest to the accuracy and authenticity of this document