Binder Singh And Others v. State Of Punjab And Others

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-9975-2021 (O&M) Date of Decision:-15.11.2022 Binder Singh and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. J.K. Singla, Advocate for the petitioners. Mr. Luvinder Sofat, DAG, Punjab.

Mr. Kulwinder Singh, Advocate for respondents No.2 to 4. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners have approached this Court seeking quashing of FIR No.58, dated 10.8.2015, Police Station Bhikhi, District Mansa, under Sections 452, 307, 427, 148, 149 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Learned counsel for the petitioners has informed that the cross-version, which has been lodged in respect of the same very occurrence, had already been quashed vide order dated 29.9.2022 passed in CRM-M-9861-2021. 3.

Vide order dated 3.3.2021, the parties had been directed to appear before the Illaqa Magistrate/Trial Court so as to get their statements recorded qua the factum of compromise.

PANKAJ KAKKAR 2022.11.15 18:06 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-9975-2021 (O&M) 4.

Report of learned District & Sessions Judge, Mansa has been received, wherein it has been reported that statements of petitioners/accused Binder Singh, Kulwinder Singh, Nikka Singh @ Jagwinder Singh, Gamdoor Singh, Kulwant Singh, Pargat Singh and also of respondent Nos.2 to 4 namely Ram Singh, Amandeep Kaur and Jagroop Singh have been recorded to the effect that they have compromised the matter amongst themselves. 5.

Respondent Nos.2 to 4 namely Ram Singh, Amandeep Kaur and Jagroop Singh in their statements have stated that they have no objection in case the FIR in question is quashed.

6.

Learned District & Sessions Judge, Mansa 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 is allowed and FIR No.58, dated 10.8.2015, Police Station Bhikhi, District Mansa, under Sections 452, 307, 427, 148, 149 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. 15.11.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2022.11.15 18:06 I attest to the accuracy and authenticity of this document