Heera Singh And Another v. State Of Punjab And Others

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 01.08.2024 Heera Singh and another ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Satwant Mehta, Advocate, for the petitioners. Mr. Kuljinder Singh Dhindsa, AAG, Punjab.

Mr. Harjinder Singh, Advocate, for respondents No.2 and 3. ***** GURVINDER SINGH GILL , J . (Oral) 1.

Petitioners-Heera Singh and Harjit Singh have approached this Court seeking quashing of FIR No.008, dated 07.02.2021, Police Station Valtoha, District Tarn Taran, under Sections 307, 323, 34 IPC, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Although, the allegations pertain to offence under Section 307 IPC, but having regard to the fact that the parties are closely related

- 2 - inasmuch as petitioner No.2 is real brother of respondent No.3-Karam Singh, this Court deemed it appropriate to entertain the petition so as to make way for a harmonious relationship pursuant to the amicable settlement amongst the parties.

3.

Vide order dated 12.02.2024, 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.

4.

Report of learned Additional District and Sessions Judge, Tarn Taran, has been received, wherein it has been reported that the statement of petitioner/accused Heera Singh and Harjit Singh and complainant/victim Harpreet Singh and Karam Singh have been recorded to the effect that they have compromised the matter amongst themselves.

5.

Complainant/victim Harpreet Singh and Karam Singh in their statement had stated that they have no objection in case the FIR in question is quashed.

6.

The learned Additional District and Sessions Judge, Tarn Taran, has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence.

7.

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

- 3 - is allowed and FIR No.008, dated 07.02.2021, Police Station Valtoha, District Tarn Taran, under Sections 307, 323, 34 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners.

01.08.2024 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No