Kulwant Singh And Others v. State Of Punjab And Others

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 04.09.2024 Kulwant Singh and another ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Tarun Singhal, Advocate for Mr. Sarbjit Singh, Advocate, for the petitioners. Mr. Japjot Singh, AAG, Punjab.

Mr. G.S.Thind, Advocate, for respondents No.2 to 5. ***** GURVINDER SINGH GILL , J . (Oral) 1.

Petitioners-Kulwant Singh, Harjit Singh, Heera Singh @ Hardeep Singh, Sukhdev Singh and Gurdeep Singh @ Sahil have approached this Court seeking quashing of FIR No.25, dated 03.02.2024, Police Station Jandiala, district Amritsar Rural under Sections 323, 324, 325,

- 2 - 326, 341, 506, 148, 149 IPC, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 20.03.2024, 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 Judicial Magistrate 1st Class, Amritsar, has been received, wherein it has been reported that the statement of petitioners/accused Kulwant Singh, Harjit Singh, Heera Singh @ Hardeep Singh, Sukhdev Singh, Gurdeep Singh @ Sahil and complainant/victim Harinder Singh, Keeratjot Singh, Prabhjot Singh and Sheetal Singh have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Complainant/victim Harinder Singh, Keeratjot Singh, Prabhjot Singh and Sheetal Singh in their statements had stated that they have no objection in case the FIR in question is quashed. 5.

The learned Judicial Magistrate 1st Class, Amritsar, 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.25, dated 03.02.2024, Police Station Jandiala,

- 3 - district Amritsar Rural under Sections 323, 324, 325, 326, 341, 506, 148, 149 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners.

04.09.2024 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No