Harvinder Singh And ORS. v. State Of Punjab And ORS.

CRM-M-30193-2018 (O & M) --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-30193-2018 (O & M) Date of decision: 16.10.2018 HARVINDER SINGH AND OTHERS .... PETITIONERS V/S STATE OF PUNJAB AND OTHERS ..RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present: Mr. Vijay Lath, Advocate, for the petitioners. Ms. Simranjeet Kaur, A.A.G., Punjab.

Mr. Lovish Rattan, Advocate for Mr. Surinder Sharma, Advocate, for respondents No.2 and 3.

***** GURVINDER SINGH GILL, J. (Oral) The petitioners seek quashing of criminal complaint No.6/2014 of 04.02.2014, under Sections 420, 406, 467, 468, 499, 389, 506 and 120-B IPC (Annexure P-1) and also summoning order dated 22.09.2014 (Annexure P-2) and all subsequent proceedings emanating therefrom on the ground that the parties have effected a compromise. Vide order dated 20.07.2018, parties were directed to appear before the Illaqa Magistrate/Trial Court so as to get their statements recorded qua the factum of compromise.

A Report of learned JMIC, Rupnagar, has been received to the effect that the statements of the complainant-Balwinder Singh and of Balwant Singh and also of the petitioners-accused have been recorded to the SONIKA 2018.10.17 10:32 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-30193-2018 (O & M) --2-- effect that they have compromised the matter. It has specifically been opined by ld. JMIC, Rupnagar that the compromise has been effected amongst the parties voluntarily and is a genuine compromise. In view of the aforesaid report and in the light of law laid down by Full Bench of this Court in 2007 (3) RCR (Crl.) 1052 Kulwinder Singh and others versus State of Punjab, the present petition is allowed and complaint No.6/2014 of 04.02.2014, under Sections 420, 406, 467, 468, 499, 389, 506 and 120-B IPC (Annexure P-1) and also summoning order dated 22.09.2014 (Annexure P-2), and all the consequent proceedings arising therefrom are hereby quashed qua the petitioners. (GURVINDER SINGH GILL) 16.10.2018 JUDGE sonika Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SONIKA 2018.10.17 10:32 I attest to the accuracy and authenticity of this document Chandigarh