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High Court of Punjab and HaryanaCRM-M/26670/2014allowed

Gurpreet Singh & ORS v. State Of Punjab & ANR

2015-03-26Mr. Justice K.C. Gupta2 pages

CRM-M-26670 of 2014 (O&M) 

     CRMM26670 of 2014 (O&M) Date of Decision:26.03.2015 Gurpreet Singh and others &.Petitioners

Versus

State of Punjab and another &.Respondents      

Present:

Mr. S.S. Rangi, Advocate for the petitioners. Mr. P.S. Grewal, DAG, Punjab for respondent No.1. Mr. H.S. Cheema, Advocate for respondent No.2.  1.

This petition has been filed under Sections 482 of the Code of Criminal Procedure for quashing of FIR No.44 dated 18.5.2014 under Section 307 of the Indian Penal Code registered at Police Station Ahmedgarh, District Sangrur, along with all the consequential proceedings arising therefrom, on the basis of compromise.

2.

In terms of the order passed by this Court on 13.11.2014, Judicial Magistrate 1st Class, Malerkotla, recorded the statements of the parties i.e. complainant Charanjit Singh and accused persons namely Gurpreet Singh, Harjinder Singh, Malwinder Singh and Jaswinder Singh. They stated that the matter has been compromised between the parties. The Magistrate also recorded his satisfaction that the statements were made voluntarily and without any pressure or coercion etc.

3.

Counsel for the parties have stated at bar that the matter has been compromised.

4.

The Hon'ble Apex Court in authority Dimpey Gujraj and others Vs. Union Territory, Chandigarh and others 2013 (1) RCR (Criminal) 745 has held ISHWAR SINGH GARHWAL 2015.03.30 10:38 I attest to the accuracy and authenticity of this document

CRM-M-26670 of 2014 (O&M) that offence under Section 307 IPC is personal in nature and in order to prevail peace and amity, the offence can be allowed to be compromised. 5.

So, in view of the above circumstances and in view of Dimpey Gujraj's case (supra) and in view of authority reported as Kulwinder Singh and others Vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052, the above said FIR stands quashed. Further proceedings in pursuant to that FIR also stand quashed.

6.

Disposed of.

                26.03.2015 ishwar ISHWAR SINGH GARHWAL 2015.03.30 10:38 I attest to the accuracy and authenticity of this document