Gurjant Singh And Others v. State Of Punjab And Others

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-16083-2019 (O&M) Date of Decision:-15.12.2022 Gurjant Singh and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Satwant Mehta, Advocate for the petitioners. Mr. Luvinder Sofat, DAG, Punjab.

***** GURVINDER SINGH GILL, J . (Oral) CRM-48613-2022 In view of the reasons mentioned in the application, the same is allowed and the documents annexed with the application are taken on record as Annexures A-1 to A-4 subject to all just exceptions. CRM-M-16083-2019 (Main Case) 1.

The petitioners seek quashing of FIR No.50, dated 14.8.2017, Police Station Khem Karan, District Tarn Taran, under Sections 326, 323 and 34 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 8.4.2019, the parties had been directed to appear before the Illaqa Magistrate/Trial Court so as to get their statements recorded qua the factum of compromise.

PANKAJ KAKKAR 2022.12.15 17:17 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-16083-2019 (O&M) 3.

Report of learned Sub Divisional Judicial Magistrate, Patti has been received, wherein it has been reported that joint statements of petitioners/accused Gurjant Singh, Gurpreet Singh, Gopi @ Gurpreet Singh, Baaz Singh and also of respondents No.2 and 3 namely Sehbaaz Singh and Manjit Singh have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondents No.2 and 3 namely Sehbaaz Singh and Manjit Singh in their joint statement have stated that they have no objection in case the FIR in question is quashed.

5.

Learned Sub Divisional Judicial Magistrate, Patti has specifically opined that the parties have entered into compromise voluntarily and 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.50, dated 14.8.2017, Police Station Khem Karan, District Tarn Taran, under Sections 326, 323 and 34 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. 15.12.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2022.12.15 17:17 I attest to the accuracy and authenticity of this document