Sarabjit Singh v. State Of Punjab And Others

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-15237-2024 (O&M) Date of Decision:-3.9.2024 Sarabjit Singh ... Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Gurmeet Singh Saini, Advocate for the petitioner. Mr. Japjot Singh, AAG, Punjab.

Mr. Balraj Singh Sidhu, Advocate for respondents No.2 & 3. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner seeks quashing of FIR No.0095, dated 13.8.2020 registered at Police Station Ghall Khurd, District Ferozepur, under Sections 307, 324, 506 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.

At the very outset, it may here be mentioned that the petitioner as well as the private respondents are closely related inasmuch the FIR in question was lodged by Jaspreet Singh with respect to the injuries inflicted to his grandfather Tej Singh by none else but father of the complainant i.e. the petitioner. Since the parties are closely related and the matter was stated to have been resolved by way of some amicable settlement, the instant petition seeking quashing of FIR on the basis of said amicable settlement has been entertained as is also noticed in order dated 22.3.2024. GEETA RANI 2024.09.04 16:02 I attest to the accuracy and authenticity of this document

CRM-M-15237-2024 (O&M) ( 2 ) 3.

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.

4.

Report of learned Judicial Magistrate 1st Class, Ferozepur has been received, wherein it has been reported that statement of petitioner/accused Sarabjit Singh and also of respondents No.2 & 3 namely Jaspreet Singh and Tej Singh have been recorded to the effect that they have compromised the matter amongst themselves.

5.

Respondents No.2 & 3 namely Jaspreet Singh and Tej Singh in their statements have stated that they have no objection in case the FIR in question is quashed.

6.

Learned Judicial Magistrate 1st Class, Ferozepur has specifically opined that the parties have entered into compromise voluntarily and without any undue influence.

7.

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.0095, dated 13.8.2020 registered at Police Station Ghall Khurd, District Ferozepur, under Sections 307, 324, 506 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.

3.9.2024 ( Gurvinder Singh Gill ) Geeta Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No GEETA RANI 2024.09.04 16:02 I attest to the accuracy and authenticity of this document