Prithvi And Others v. State Of Punjab And Others

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-15249-2024 (O&M) Date of Decision:-5.12.2024 Prithvi and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Dr. Hardeep Singh, Advocate, for the petitioners.

Mr. Prabhdeep Singh Dhaliwal, AAG, Punjab.

Mr. Lakhwinder Singh Mann, Advocate, for respondents No.2 to 4.

***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners seek quashing of DDR No.42 dated 9.3.2021 registered at Police Station City Nakodar, District Jalandhar Rural, under Sections 323, 324, 506, 148, 149 of Indian Penal Code, wherein offences under Sections 34, 120-B of IPC were added and offences under Sections 148, 149 of Indian Penal Code were deleted later on in FIR No.43, dated 9.3.2021 registered at Police Station City Nakodar, District Jalandhar Rural, under Sections 323, 324, 506, 148, 149 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 22.3.2024, 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.

Pankaj Kakkar 2024.12.05 17:09 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh

CRM-M-15249-2024 (O&M) ( 2 ) 3.

Report of learned Judicial Magistrate 1st Class, Nakodar has been received, wherein it has been reported that joint statements of petitioners/accused namely Prithvi, Tarun Kumar, Kirandeep Kaur, Tanush Kalra and separate statements of respondents No.2 to 4 namely Hari Krishan, Sunil Mahajan @ Baggga and Anmol Mahajan have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondents No.2 to 4 namely Hari Krishan, Sunil Mahajan @ Baggga and Anmol Mahajan in their statements have stated that they have no objection in case the FIR in question is quashed.

5.

Learned Judicial Magistrate 1st Class, Nakodar 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 DDR No.42 dated 9.3.2021 registered at Police Station City Nakodar, District Jalandhar Rural, under Sections 323, 324, 506, 148, 149 of Indian Penal Code, wherein offences under Sections 34, 120-B of IPC were added and offences under Sections 148, 149 of Indian Penal Code were deleted later on in FIR No.43, dated 9.3.2021 registered at Police Station City Nakodar, District Jalandhar Rural, under Sections 323, 324, 506, 148, 149 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

5.12.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.12.05 17:09 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh