Bachitar Singh And Others v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-6323-2024 (O&M) Date of Decision:-23.7.2024 Bachitar Singh and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Vinay Kumar, Advocate for the petitioners. Mr. K.S. Dhindsa, AAG, Punjab.

Mr. Anosh Samson, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners seek quashing of FIR No.129, dated 31.8.2022 registered at Police Station Shri Hargobindpur, District Batala, under Sections 323, 452, 427, 148 and 149 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 6.2.2024, 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 Judicial Magistrate 1st Class, Batala has been received, wherein it has been reported that joint statements of petitioners/accused No.1 to 6 namely Bachitar Singh, Gurjit Singh @ Kaka, Lovepreet Singh @ Love, Bakshis Singh @ Gabbar, Shamsher Singh @ Shera, Vicky @ Pankaj Kakkar 2024.07.23 17:50 I attest to the accuracy and authenticity of this document

CRM-M-6323-2024 (O&M) ( 2 ) Vikramjit Singh and also of respondent No.2 namely Kashmir Kaur have been recorded to the effect that they have compromised the matter amongst themselves. It has further been reported that petitioners No.7 and 8 namely Gurmej Singh and Harjit Kaur did not turn up for getting their statements recorded. However, respondent No.2/complainant in her statement has clearly stated that she has compromised the matter qua all the accused. 4.

Respondent No.2 namely Kashmir Kaur in her statement has stated that she has no objection in case the FIR in question is quashed. 5.

Learned Judicial Magistrate 1st Class, Batala 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.129, dated 31.8.2022 registered at Police Station Shri Hargobindpur, District Batala, under Sections 323, 452, 427, 148 and 149 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

23.7.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.07.23 17:50 I attest to the accuracy and authenticity of this document