High Court of Punjab and HaryanaCRM-M/10265/2018allowed

Kala Singh And ORS v. State Of Punjab And ANR

2018-10-16Mr. Justice Amol Rattan Singh2 pages

CRM-M-10265-2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-10265-2018 Date of decision: 16.10.2018 KALA SINGH AND ORS.

.... PETITIONERS V/S STATE OF PUNJAB AND ANR.

..RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present: Ms. Meenu Verma, Advocate, for the petitioners.

Ms. Simranjeet Kaur, A.A.G., Punjab.

Mr. Hitesh Ghai, Advocate, for respondent No.2.

***** GURVINDER SINGH GILL, J. (Oral) The petitioners seek quashing of FIR No.214 dated 09.10.2017, registered under Sections 323, 341, 325, 336, 379-B, 506 and 148 read with Section 149 IPC and under Sections 25/27 of the Arms Act, at Police Station Dharamkot, District Moga (Annexure P-1) and all subsequent proceedings emanating therefrom on the ground that the matter has since been compromised between the parties.

Vide order dated 20.07.2018, the parties were directed to appear before the Illaqa Magistrate/trial Court so as to get their statements recorded qua the factum of compromise.

Report of learned Additional District & Sessions Judge, Moga, has been received to the effect that the statements of the petitioners-accused SONIKA 2018.10.17 10:32 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-10265-2018 --2-- and also of the complainant-Kashmir Singh have been recorded to the effect that they have compromised the matter. It has specifically been opined by ld. Additional District & Sessions Judge, Moga that the parties have compromised the matter voluntarily without there being any pressure or inducement.

In view of the aforesaid report and in the light of law laid down by Full Bench of this Court in 2007 (3) RCR (Crl.) 1052 Kulwinder Singh and others versus State of Punjab, the present petition is allowed and FIR No.214 dated 09.10.2017, registered under Sections 323, 341, 325, 336, 379-B, 506 and 148 read with Section 149 IPC and under Sections 25/27 of the Arms Act, at Police Station Dharamkot, District Moga (Annexure P-1), and all the consequent proceedings arising therefrom are hereby quashed qua the petitioners.

(GURVINDER SINGH GILL) 16.10.2018 JUDGE sonika Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SONIKA 2018.10.17 10:32 I attest to the accuracy and authenticity of this document Chandigarh