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High Court of Punjab and HaryanaCRM-M/14519/2023allowed

Guljinder Singh And ANR. v. State Of Punjab And Another

2024-04-22Mr. Justice Gurvinder Singh Gill2 pages

2024:PHHC:054242

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-14519-2023 (O&M) Date of Decision: 22.04.2024 Guljinder Singh & another

...Petitioners

Versus

State of Punjab & another

...Respondents

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Ms. Kanwal S. Walia, Advocate, for the petitioners. Mr. Vishavjeet Singh Virk, DAG, Punjab.

Mr. Sourabh Chauhan, Advocate, for Mr. Lalit Goyal, Advocate, for respondent No.2. GURVINDER SINGH GILL, J. (Oral) 1.

The petitioners seek quashing of FIR No.23 dated 06.02.2018 registered at Police Station Urban Estate, Patiala, under Section 379-B IPC and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties. 2.

Vide order dated 23.03.2023, the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Additional Sessions Judge, Patiala has been received, wherein it has been reported that the statements of accused/petitioners, namely, Guljinder Singh @ Goldy and Lovepreet Singh @ Sunny as well as of complainant Des Raj have been recorded to the effect that they have compromised the matter amongst themselves.

VIMAL KUMAR 2024.04.23 16:41 I attest to the accuracy and integrity of this document

CRM-M-14519-2023 -24.

The complainant Des Raj in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

The learned Additional Sessions Judge, Patiala, has specifically opined that the parties have entered into compromise without any 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.23 dated 06.02.2018 registered at Police Station Urban Estate, Patiala, under Section 379-B IPC and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners. 22.04.2024 (GURVINDER SINGH GILL) Vimal JUDGE Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No VIMAL KUMAR 2024.04.23 16:41 I attest to the accuracy and integrity of this document