High Court of Punjab and HaryanaCRM-M/14244/2021disposed of

Mangal Singh And ORS v. State Of Punjab And Another

2021-07-09Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-14244-2021 Date of Decision: 09.07.2021 Mangal Singh and others .....Petitioners

Versus

State of Punjab and another .....Respondents CORAM : HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Harneet Singh Oberoi, Advocate for the petitioners. Mr. Sarabjit Singh Cheema, AAG, Punjab.

Mr. Nishad, Advocate for the complainant.

**** HARINDER SINGH SIDHU J.

Petitioner has filed this petition under Section 482 Cr.P.C. for quashing of FIR No. 73 dated 05.08.2017, under Sections 323, 324, 341, 506, 148 and 149 IPC, registered at police Station Begowal, District Kapurthala and subsequent proceedings arising therefrom on the basis of compromise (Annexure P-1).

Notice of motion was issued. Vide order dated 26.03.2021, the parties were directed to appear before concerned Trial Court/Illaqa Magistrate on 26.04.2021 for getting their statements recorded and the trial Court was to send its report regarding the genuineness of the compromise. A report dated 31.05.2021 of learned Sub Divisional Judicial Magistrate Bholath, (Kapurthala) has been received. As per the report, the parties had appeared before Sub Divisional Judicial Magistrate Bholath (Kapurthala) except petitioner No.3 and got recorded their statements regarding compromise. Learned Magistrate has stated that he is of the considered view that the compromise arrived at between the parties is voluntary and without any RASHMI 2021.07.10 13:29 I attest to the accuracy and integrity of this document

CRM-M-14244-2021 -2pressure or coercion. It is further submitted that petitioner No.3 has not appeared before the Court for recording his statement. In view thereof, the present petition is allowed. FIR No. 73 dated 05.08.2017, under Sections 323, 324, 341, 506, 148 and 149 IPC, registered at police Station Begowal, District Kapurthala, along with all subsequent proceedings arising therefrom, are hereby quashed, qua petitioners No. 1 and 2 only.

July 09, 2021 ( HARINDER SINGH SIDHU ) rashmi JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RASHMI 2021.07.10 13:29 I attest to the accuracy and integrity of this document