Sarabjit Singh @ Gama v. State Of Punjab And ANR

-1CRM-M-37464 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-37464 of 2016 Date of Decision: 11.09.2017 Sarabjit Singh @ Gama ....Petitioner

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Avtar S. Khinda, Advocate, for the petitioner. Mr. Rana Harjasdeep Singh, AAG, Punjab.

RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.174 dated 28.06.2009 (Annexure P-1) under Sections 323, 324, 452 and 34 IPC registered at Police Station City Kapurthala, District Kapurthala, on the basis of compromise dated 28.08.2009 (Annexure P-2) Pursuant to the order dated 20.10.2016 of this Court, the parties appeared before the trial Court on 28.11.2016 to get their statements recorded. Learned Chief Judicial Magistrate, Kapurthala, has submitted her report vide letter bearing No.212 dated 02.01.2017 duly forwarded by learned District and Sessions Judge, Kapurthala vide Endorsement No.13/AH dated 03.01.2017.

According to the report, the Chief Judicial Magistrate is satisfied that the compromise entered into between the parties is genuine and without any threat, coercion or pressure. None of the accused has been declared Ravinder Singh 2017.09.13 14:33 I attest to the accuracy and authenticity of this document proclaimed offender in this case.

-2CRM-M-37464 of 2016 Considering the report of Chief Judicial Magistrate dated 02.01.2017 and the fact that the compromise will bring harmony in relations between the parties, FIR No.174 dated 28.06.2009 (Annexure P-1) under Sections 323, 324, 452 and 34 IPC registered at Police Station City Kapurthala, District Kapurthala, is hereby quashed. Petition is disposed of accordingly.

(RAMENDRA JAIN) September 11, 2017 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No Ravinder Singh 2017.09.13 14:33 I attest to the accuracy and authenticity of this document