Sukhwinder Singh @ Shindu And Others v. State Of Punjab And Another

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 04.09.2024 Sukhwinder Singh @ Shindu and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Kehar Singh Hissowal, Advocate, for the petitioners. Mr. Japjot Singh, AAG, Punjab.

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

Petitioners-Sukhwinder Singh @ Shindu, Gurjinder Singh, Jang Singh @ Bachittar Singh and Buta Singh have approached this Court seeking quashing of FIR No.0257, dated 09.07.2020, Police Station Goindwal Sahib, District Tarn Taran, under Sections 336 of IPC and 25, 27 of Arms Act, and all subsequent proceedings emanating

- 2 - therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 22.03.2024, 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.

3.

Report of learned Sub-Divisional Judicial Magistrate, Khadur Sahib, Tarn Taran, has been received, wherein it has been reported that the statement of petitioners/accused Sukhwinder Singh @ Shindu, Gurjinder Singh, Buta Singh and complainant Swinder Singh have been recorded to the effect that they have compromised the matter amongst themselves. It has further been desposed in the report that petitioner No.3-Jang Singh @ Bachittar Singh has not come present to record his statement.

4.

Complainant Swinder Singh in his statement had stated that he has no objection in case the FIR in question is quashed. 5.

The learned Sub-Divisional Judicial Magistrate, Khadur Sahib, Tarn Taran, 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.0257, dated 09.07.2020, Police Station

- 3 - Goindwal Sahib, District Tarn Taran, under Sections 336 of IPC and 25, 27 of Arms Act and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners No.1, 2 and 4 only. Since, petitioner No.3 has not put in appearance for recording his statement before the lower Court, the petition qua him stands dismissed.

04.09.2024 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No