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High Court of Punjab and HaryanaCRM-M/16491/2024allowed

Baljeet Singh And ORS. v. Tarsem Lal

2024-07-23Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-16491-2024 (O&M) Date of Decision:-23.7.2024 Baljeet Singh and others ... Petitioners

Versus

Tarsem Lal ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Surinder Garg, Advocate for the petitioners. Mr. Lalit Chander Sharma, Advocate for the respondent. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners seek quashing of Criminal Complaint No.COMI/90/2020 dated 30.09.2020 (Annexure P-1) titled as "Tarsem Lal Vs. Baljit Singh & others" registered under Sections 452, 307, 323, 148, 149 & 120-B of IPC pending before the Court of Judicial Magistrate First Class, Faridkot, wherein the petitioners have been summoned to face trial for having committed offence punishable under Sections 323, 148 and 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 5.4.2024, 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 Judicial Magistrate 1st Class, Faridkot has been received, wherein it has been reported that statements of petitioners/accused Baljeet Pankaj Kakkar 2024.07.23 17:50 I attest to the accuracy and authenticity of this document

CRM-M-16491-2024 (O&M) ( 2 ) Singh, Komalpreet Kaur, Darshan Singh, Lovepreet Singh, Happy @ Gurpreet Singh, Sunny @ Manwinder Singh, Harpal Kaur, Pushpinder Singh through his authorized attorney namely Baljeet Singh (petitioner No.1) and also of respondent-Tarsem Lal have been recorded to the effect that they have compromised the matter amongst themselves. 4.

Respondent - Tarsem Lal in his statement has stated that he has no objection in case the complaint in question is quashed. 5.

Learned Judicial Magistrate 1st Class, Faridkot 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 Criminal Complaint No.COMI/90/2020 dated 30.09.2020 (Annexure P-1) titled as "Tarsem Lal Vs. Baljit Singh & others" registered under Sections 452, 307, 323, 148, 149 & 120-B of IPC pending before the Court of Judicial Magistrate First Class, Faridkot, wherein the petitioners have been summoned to face trial for having committed offence punishable under Sections 323, 148 and 149 of Indian Penal Code, and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. 23.7.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.07.23 17:50 I attest to the accuracy and authenticity of this document