Surinder Dhir And ORS v. State Of Punjab And Another

2024:PHHC:046707 In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-10732-2020 (O&M) Date of Decision:- 05.04.2024 Surinder Dhir and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Rishma Verma, Advocate for Mr. Vaneet Kumar Sharma, Advocate, for the petitioners. Mr. Vishvajeet Singh Virk, DAG, Punjab.

Mr. Vikas Prakash, Advocate for Mr. Gagandeep Singh Virk, Advocate, for respondent No.2. ***** GURVINDER SINGH GILL , J . (Oral) 1.

Petitioners-Surinder Dhir, Rakesh Kumar, Kamal Sekhadi, Satpal, Raja Singh have approached this Court seeking quashing of FIR No.0231, dated 26.09.2018, Police Station Civil Lines, Bathinda, District Bathinda, under Sections 420, 465, 467, 468, 471 IPC, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 16.03.2020, 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.

3.

Report of learned Chief Judicial Magistrate, Bathinda, has been received, wherein it has been reported that the statement of

CRM-M-10732-2020 (O&M) - 2 - 2024:PHHC:046707 petitioners/accused Rakesh Kumar, Kamal Sekhadi, Satpal, Raja Singh and complainant Kartar Singh Jaura have been recorded to the effect that they have compromised the matter amongst themselves. It has also been reported that petitioner No.1-Surinder Dhir has died. 4.

The complainant Kartar Singh Jaura in his statement had stated that he has no objection in case the FIR in question is quashed. 5.

The learned Chief Judicial Magistrate, Bathinda, has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 6.

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.0231, dated 26.09.2018, Police Station Civil Lines, Bathinda, District Bathinda, under Sections 420, 465, 467, 468, 471 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners No.2 to 5.

05.04.2024 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No