Jatinderpal Singh And Others v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-35753-2020 (O&M) Date of Decision:-10.3.2021 Jatinderpal Singh and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Monika Jangra, Advocate for the petitioners. Mr. Ajay Pal Singh Gill, DAG, Punjab.

Mr. C.L. Verma, Advocate, for respondent No.2/complainant.

(proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioners have approached this Court seeking quashing of DDR No.32 dated 5.7.2015 registered at Police Station Dasuya, District Hoshiarpur under Sections 323, 452, 506, 148 and 149 of Indian Penal Code in FIR No.198 dated 4.7.2015 registered at Police Station Dasuya, District Hoshiarpur under Sections 452, 323, 325, 354-A, 427 read with Section 149 IPC, 506 read with Section 149 IPC and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Vide order dated 5.11.2020, 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.

PANKAJ KAKKAR 2021.03.10 18:49 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-35753-2020 (O&M) 3.

Report of learned Judicial Magistrate 1st Class, Dasuya has been received, wherein it has been reported that the statements of petitioners/accused Jatinderpal Singh, Jiwan Singh and Sukhbir Singh and also of respondent No.2/complainant Harwinder Singh @ Harvinder @ Saab have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondent No.2/complainant Harwinder Singh @ Harvinder @ Saab in his statement has stated that he has no objection in case the FIR in question is quashed.

5.

The learned Judicial Magistrate 1st Class, Dasuya 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 DDR No.32 dated 5.7.2015 registered at Police Station Dasuya, District Hoshiarpur under Sections 323, 452, 506, 148 and 149 of Indian Penal Code in FIR No.198 dated 4.7.2015 registered at Police Station Dasuya, District Hoshiarpur under Sections 452, 323, 325, 354-A, 427 read with Section 149 IPC, 506 read with Section 149 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. 10.3.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2021.03.10 18:49 I attest to the accuracy and integrity of this document