Sharanjit Singh And Others v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-14843-2024 (O&M) Date of Decision:-5.9.2024 Sharanjit Singh and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Gagandeep Kaur, Advocate for Ms. Bhupinder K. Bhangu, Advocate for the petitioners. Mr. Japjot Singh, AAG, Punjab.

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

The petitioners seek quashing of complaint case bearing No.COMI/78/2017 titled 'Balwinder Singh Vs. Sharanjit Singh and others' under Sections 323, 324, 326, 506, 295-A, 148, 149 of Indian Penal Code as well as summoning order dated 2.11.2023 (Annexure P-2) passed by learned Judicial Magistrate 1st Class-I, Kapurthala and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties.

2.

Vide order dated 21.3.2024, 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 Judicial Magistrate 1st Class, Kapurthala has been received, wherein it has been reported that joint statement of Pankaj Kakkar 2024.09.06 13:56 I attest to the accuracy and authenticity of this document

CRM-M-14843-2024 (O&M) ( 2 ) petitioners/accused Sharanjit Singh, Amandeep Singh @ Niku, Harjit Singh, Satinder Singh @ Satinderpal Singh @ Mangoo, Gurvinder Singh @ Gurinder Singh @ Lucky, Kulwant Kaur and also of the statement respondent No.2 - Dalbir Kaur through her Special Power of Attorney Jaswinder Singh have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondent No.2 namely Dalbir Kaur in her statement recorded through her Special Power of Attorney Jaswinder Singh has stated that she has no objection in case the FIR in question is quashed. 5.

Learned Judicial Magistrate 1st Class, Kapurthala 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 complaint case bearing No.COMI/78/2017 titled 'Balwinder Singh Vs. Sharanjit Singh and others' under Sections 323, 324, 326, 506, 295-A, 148, 149 of Indian Penal Code as well as summoning order dated 2.11.2023 (Annexure P-2) passed by learned Judicial Magistrate 1st Class-I, Kapurthala and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

5.9.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.09.06 13:56 I attest to the accuracy and authenticity of this document