High Court of Punjab and HaryanaCRM-M/36986/2018allowed

Sarwan Singh And Others v. State Of Punjab And Another

2019-01-31Mr. Justice Amol Rattan Singh2 pages

CRM-M No.36986 of 2018 #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH CRM-M No.36986 of 2018 Date of Order: 31.01.2019 Sarwan Singh and Ors.

....Petitioners

Versus

State of Punjab and Another ....Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Mr. J.S. Mahal, Advocate for the petitioners. Ms. Ruchika Sabherwal, AAG, Punjab.

Mr. M.S. Bajwa, Advocate for respondent No.2. GURVINDER SINGH GILL, J (ORAL) By way of filing this petition, the petitioners seek quashing of FIR No.50 dated 18.10.2016 registered under Sections 324, 326, 506, 34 IPC registered at P.S Verowal, District Tarn Taran along with all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties. Vide order dated 27.08.2018 the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get the statements recorded.

Report of learned Sub Divisional Judicial Magistrate, Khadur Sahib dated 10.10.2018 has been received to the effect that statements of complainant Sukhraj Singh and also of petitioners/accused Sarwan Singh, Amarjit Singh and Baljit Singh have been recorded to the effect that they have entered into a compromise with the intervention of respectables. The complainant has specifically stated that he has no objection if the FIR in the present case is quashed.

The learned Sub Divisional Judicial Magistrate, Khadur Sahib MANOJ KUMAR 2019.02.01 14:39 I attest to the accuracy and integrity of this document

CRM-M No.36986 of 2018 #2# opined that the compromise arrived between the parties is genuine and without there being any coercion, pressure or undue influence. In view of the aforesaid report 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 petition is allowed and FIR No.50 dated 18.10.2016 registered under Sections 324, 326, 506, 34 IPC registered at P.S Verowal, District Tarn Taran and all the consequent proceedings arising therefrom are hereby quashed qua the petitioners. January 31, 2019 (GURVINDER SINGH GILL) manoj JUDGE Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No MANOJ KUMAR 2019.02.01 14:39 I attest to the accuracy and integrity of this document