High Court of Punjab and HaryanaCRM-M/19278/2018allowed

Baljit Singh @ Ghungri & Others v. State Of Punjab & Another

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

CRM-M-19278-2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-19278-2018 Date of decision: 16.10.2018 BALJIT SINGH @ GHUNGRI AND ORS.

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

..RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present: Mr. Rajesh Kumar Girdhar, Advocate, for the petitioners.

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

Mr. Piyush Setia, Advocate, for respondent No.2.

***** GURVINDER SINGH GILL, J. (Oral) The petitioners seek quashing of FIR No.51 dated 15.03.2018, registered under Sections 452, 336 and 148 read with Section 149 IPC and under Sections 25/27 of the Arms Act, at Police Station City Patti, District Tarn Taran (Annexure P-1) and all subsequent proceedings emanating therefrom on the ground that the matter has since been compromised amongst the parties.

Vide order dated 07.05.2018, 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 SDJM, Patti, has been received to the effect that the statements of the complainant-Kashmir Kaur and also of the petitionersaccused have been recorded to the effect that they have compromised the SONIKA 2018.10.17 10:32 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-19278-2018 --2-- matter amongst themselves. The complainant has specifically deposed that she has no objection in case the FIR is quashed. It has specifically been opined by ld. SDJM, Patti that compromise has been arrived between the parties without any pressure.

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.51 dated 15.03.2018, registered under Sections 452, 336 and 148 read with Section 149 IPC and under Sections 25/27 of the Arms Act, at Police Station City Patti, District Tarn Taran (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