Boota Singh And Others v. State Of Punjab And Others

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 12.09.2024 Boota Singh and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Pankaj Garg, Advocate, for the petitioners. Mr. Siddharth Attri, AAG, Punjab.

Mr. Shadab Ahmad, Advocate for Mr. Priyanshu Kamra, Advocate, for respondents No.2 and 3. ***** GURVINDER SINGH GILL , J . (Oral) CRM-35589-2024 In view of the reasons mentioned in the application, the same is allowed and the matter is preponed from 26.09.2024 and is taken on Board today itself.

CRM-M-19923-2024 1.

Petitioners-Boota Singh, Jarnail Singh, Sukhvir Singh, Nachhattar Singh, Rajbhinder Singh @ Goldy, Jagjeet Singh @ Gagga Singh,

- 2 - Harwinder Singh and Gurvinder Singh have approached this Court seeking quashing of FIR No.156, dated 04.07.2023, Police Station Sadar, District Mansa, under Sections 458, 323, 148, 149 of IPC (Sections 341, 325, 365 IPC added later on), and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 23.04.2024, 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.

3.

Report of learned Additional Chief Judicial Magistrate, Mansa, has been received, wherein it has been reported that the statement of petitioners/accused Boota Singh, Jarnail Singh, Sukhvir Singh, Nachhattar Singh, Rajbhinder Singh @ Goldy (recorded through attorney holder namely Nachhattar Singh), Jagjeet Singh @ Gagga Singh, Harwinder Singh (recorded through attorney holder namely Jagjeet Singh @ Gaaga Singh), Gurvinder Singh and complainant/victim Ram Singh and Pushpinder Kaur have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Complainant/victim Ram Singh and Pushpinder Kaur in their statement had stated that they have no objection in case the FIR in question is quashed.

- 3 - 5.

The learned Additional Chief Judicial Magistrate, Mansa, 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 FIR No.156, dated 04.07.2023, Police Station Sadar, District Mansa, under Sections 458, 323, 148, 149 of IPC (Sections 341, 325, 365 IPC added later on) and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners. 12.09.2024 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No