Sunil @ Kaku And ORS v. State Of Punjab And ANR

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-27286-2018 (O&M) Date of Decision:- 02.12.2024 Sunil @ Kaku and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

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

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

Petitioners-Sunil @ Kaku, Rahul @ Ganju, Raju, Rahul Kumar, Johny and Ricky have approached this Court seeking quashing of FIR No.114, dated 13.04.2018, Police Station Phillaur, District Jalandhar Rural, under Sections 324, 323, 506, 148, 149 IPC (Section 326 IPC added later on), and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 04.07.2018, 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.

MOHAN SINGH 2024.12.03 12:04 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

CRM-M-27286-2018 (O&M) - 2 - 3.

Report of learned Sub Divisional Judicial Magistrate, Phillaur, District Jalandhar, has been received, wherein it has been reported that the statement of petitioners/accused Sunil @ Kaku, Rahul @ Ganju, Raju, Rahul Kumar, Johny, Ricky and complainant bunty have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Complainant Bunty 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, Phillaur, District Jalandhar, 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.114, dated 13.04.2018, Police Station Phillaur, District Jalandhar Rural, under Sections 324, 323, 506, 148, 149 IPC (Section 326 IPC added later on), and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners. 02.12.2024 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2024.12.03 12:04 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh