Bika Alias Bikka And ORS v. State Of Punjab And ANR

2024:PHHC:052766 In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-14086-2024 (O&M) Date of Decision:- 19.04.2024 Bika alias Bikka and others ... Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Ramesh Sharma, Advocate, for petitioners No.1 to 6 & 8.

(petition qua petitioner No.7-Mohammad Sadik dismissed as withdraw vide order dated 18.3.2024) Mr. Vishvajeet Singh Virk, DAG, Punjab.

Mr. Nitin Sharma, Advocate for Mr. B.S.Jaswal, Advocate, for respondents No.2 to 4. ***** GURVINDER SINGH GILL , J . (Oral) 1.

Petitioners-Bika @ Bikka, Shafi, Ranjha, Mitha @ Mithu, Hazura @ Jahura, Ghanna @ Ferojdeen @ Firoz Deen and Sarife have approached this Court seeking quashing of FIR No.72 dated 02.09.2023, Police Station Lambra, District Jalandhar Rural, under Sections 452, 323, 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 18.03.2024, 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.

MOHAN SINGH 2024.07.15 13:47 I attest to the accuracy and integrity of this document

CRM-M-14086-2024 (O&M) - 2 - 2024:PHHC:052766 3.

Report of learned Judicial Magistrate 1st Class, Jalandhar, has been received, wherein it has been reported that the statement of petitioners/accused Bika @ Bikka, Shafi, Ranjha, Mitha @ Mithu, Hazura @ Jahura, Ghanna @ Ferojdeen @ Firoz Deen, Sarife and complainant/victim Begum Arshad, Seema and Shammu have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Complainant/victim Begum Arshad, Seema and Shammu in their statement had stated that they have no objection in case the FIR in question is quashed.

5.

The learned Judicial Magistrate 1st Class, Jalandhar, 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.72 dated 02.09.2023, Police Station Lambra, District Jalandhar Rural, under Sections 452, 323, 148, 149 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners No.1 to 6 & 8.

19.04.2024 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2024.07.15 13:47 I attest to the accuracy and integrity of this document