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High Court of Punjab and HaryanaCRM-M/21529/2022allowed

Harwinder Singh @ Laddi And ANR. v. State Of Punjab And ANR

2022-10-28Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-21529-2022 (O&M) Date of Decision:-28.10.2022 Harwinder Singh @ Laddi and another ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

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

Mr. Kuljeet Singh, Advocate for Mr. Manoj Sharma, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners have approached this Court seeking quashing of FIR No.26, dated 4.3.2021, Police Station Division No.3, under Section 406 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties. 2.

Vide order dated 18.5.2022, 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.

3.

Report of learned Additional Chief Judicial Magistrate, Jalandhar has been received, wherein it has been reported that statements of petitioners/accused Harwinder Singh @ Laddi, Manvinder Singh and also of respondent PANKAJ KAKKAR 2022.10.28 16:00 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-21529-2022 (O&M) No.2/complainant namely Navjot Singh have been recorded to the effect that they have compromised the matter amongst themselves. 4.

Respondent No.2/complainant namely Navjot Singh in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

Learned Additional Chief Judicial Magistrate, Jalandhar 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.26, dated 4.3.2021, Police Station Division No.3, under Section 406 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

28.10.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2022.10.28 16:00 I attest to the accuracy and authenticity of this document