Pawan Kuamar And ORS v. State Of Punjab And ANR

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-32584-2018 (O&M) Date of Decision:-14.10.2019 Pawan Kumar @ Pamma and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Rishu Mahajan, Advocate for the petitioners. Ms. Rashmi Attri, Assistant Advocate General, Punjab, assisted by ASI Jaswinder Singh.

***** GURVINDER SINGH GILL, J .(Oral) The petitioners have approached this Court seeking quashing of FIR No.32 dated 21.3.2018 registered at Police Station Lambran, Jalandhar under Sections 323, 324, 452, 354, 148 and 149 of Indian Penal Code, 1860 and Section 8 of POCSO Act and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

Vide order dated 4.12.2018, 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.

Report of learned Judicial Magistrate 1st Class, Jalandhar has been received, wherein it has been reported that statements of petitioners/accused Pawan Kumar @ Pamma, Seema, Rakesh Kumar @ Pankaj Kakkar 2019.10.15 16:18 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-32584-2018 (O&M) Bittu, Simro Devi @ Shimbo, Raj Kumar, Lovepreet @ Love @ Ajay, Sushma and Sandeep Kumar @ Shana and also of complainant Balwant Singh and victim Mandeep Kaur have been recorded to the effect that they have compromised the matter amongst themselves and they have no objection in case the FIR is quashed.

The learned Judicial Magistrate 1st Class, Jalandhar has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 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.32 dated 21.3.2018 registered at Police Station Lambran, Jalandhar under Sections 323, 324, 452, 354, 148 and 149 of Indian Penal Code, 1860 and Section 8 of POCSO Act and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. 14.10.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2019.10.15 16:18 I attest to the accuracy and integrity of this document