Balwinder Singh And Others v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-13923-2024 (O&M) Date of Decision:-7.8.2024 Balwinder Singh and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Kamal Narula, Advocate for the petitioners. Mr. K.S. Dhindsa, AAG, Haryana.

Mr. Naveen Sharma, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners seek quashing of FIR No.132, dated 6.7.2020 registered at Police Station Guruharshai, District Ferozepur, under Sections 420, 465, 467, 468, 471 and 120-B of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties.

2.

Vide order dated 18.3.2024, 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 Sub Divisional Judicial Magistrate, Guruharsahai has been received, wherein it has been reported that statement of petitioners/accused Balwinder Singh, Raj Kumar, Kulbir Singh and also of respondent No.2 Pankaj Kakkar 2024.08.07 16:42 I attest to the accuracy and authenticity of this document

CRM-M-13923-2024 (O&M) ( 2 ) namely Ashish Monga have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondent No.2 namely Ashish Monga in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

Learned Sub Divisional Judicial Magistrate, Guruharsahai has specifically opined that the parties have entered into compromise voluntarily and without any 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.132, dated 6.7.2020 registered at Police Station Guruharshai, District Ferozepur, under Sections 420, 465, 467, 468, 471 and 120-B of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

7.8.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.08.07 16:42 I attest to the accuracy and authenticity of this document