Surinderpal Singh v. State Of Punjab And ORS

CRM-M-25587-2018 (O & M) --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-25587-2018 (O & M) Date of decision: 16.10.2018 SURINDERPAL SINGH .... PETITIONER V/S STATE OF PUNJAB AND OTHERS ..RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present: Mr. A.S. Barnala, Advocate, for the petitioner. Ms. Simranjeet Kaur, A.A.G., Punjab.

***** GURVINDER SINGH GILL, J. (Oral) At the very outset, Mr. Gurbir Singh Sidhu, Advocate has put in appearance on behalf of respondents No.2 and 3 and has filed power of attorney, which is taken on record.

The petitioner seeks quashing of FIR No.17 dated 24.03.2017, registered under Section 308 IPC, at Police Station Bhadaur, District Barnala (Annexure P-1) and all subsequent proceedings emanating therefrom on the ground that the matter has since been compromised amongst the parties.

Vide order dated 26.07.2018, parties were directed to appear before the Illaqa Magistrate/Trial Court so as to get their statements recorded qua the factum of compromise.

Report of learned Additional District & Sessions Judge, Barnala, has been received to the effect that the statements of the complainantPrithipal Singh and also of injured-Dyal Singh and of the petitionerSONIKA 2018.10.16 19:55 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-25587-2018 (O & M) --2-- accused-Surinderpal Singh have been recorded to the effect that they have compromised the matter. It has specifically been opined by Additional District and Sessions Judge, Barnala that the parties have made the statements voluntarily out of their free will and have entered into compromise with the intervention of respectables. In view of the aforesaid report and in the light of law laid down by Full Bench of this Court in 2007 (3) RCR (Crl.) 1052 Kulwinder Singh and others versus State of Punjab, the present petition is allowed and FIR No.17 dated 24.03.2017, registered under Section 308 IPC, at Police Station Bhadaur, District Barnala (Annexure P-1), and all the consequent proceedings arising therefrom are hereby quashed qua the petitioner. (GURVINDER SINGH GILL) 16.10.2018 JUDGE sonika Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SONIKA 2018.10.16 19:55 I attest to the accuracy and authenticity of this document Chandigarh