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High Court of Punjab and HaryanaCRM-M/6802/2022allowed

Gubachan Singh And ANR v. State Of Punjab And Another

2022-05-13Mr. Justice Gurvinder Singh Gill2 pages

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-6802-2022 (O&M) Date of Decision:- 13.5.2022 Gurbachan Singh and another ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Atul Goyal, Advocate, for the petitioners. Mr. Tanvir Joshi, AAG, Punjab, assisted by ASI Paramjit Singh.

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

The petitioners have approached this Court seeking quashing of FIR No.56 dated 15.7.2020, Police Station Jodhan, District Ludhiana, under Sections 323, 324, 506, 34 IPC (Section 326 IPC added later on), and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 8.3.2022, 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, Ludhiana, has been received, wherein it has been reported that the statements of petitioners/accused Gurbachan Singh, Baljinder Singh and also of MOHAN SINGH 2022.05.13 05:52 I attest to the accuracy and authenticity of this document

- 2 - CRM-M-6802-2022 (O&M) complainant Rajdeep Kaur have been recorded to the effect that they have compromised the matter amongst themselves. 4.

The complainant Rajdeep Kaur in her statement had stated that she has no objection in case the FIR in question is quashed. 5.

The learned Judicial Magistrate 1st Class, Ludhiana, 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.56 dated 15.7.2020, Police Station Jodhan, District Ludhiana, under Sections 323, 324, 506, 34 IPC (Section 326 IPC added later on) and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners. 13.5.2022 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2022.05.13 05:52 I attest to the accuracy and authenticity of this document