Heera Singh @ Hira Singh v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-25365-2021 (O&M) Date of Decision:-24.11.2021 Heera Singh @ Hira Singh ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Gurminder Singh Salana, Advocate for Mr. P.K.S. Phoolka, Advocate for the petitioner. Mr. Ajay Pal Singh Gill, DAG, Punjab.

Mr. Davinder Kumar, Advocate, for respondent No.2/complainant.

***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioner has approached this Court seeking quashing of FIR No.0280 dated 19.12.2017 registered at Police Station Bhikhiwind, District Tarn Taran under Section 420 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Vide order dated 7.7.2021, 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.

PANKAJ KAKKAR 2021.11.24 18:04 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-25365-2021 (O&M) 3.

Report of learned Judicial Magistrate 1st Class, Patti has been received, wherein it has been reported that the statements of petitioner/accused Heera Singh @ Hira Singh and also of complainant/respondents No.2 Joginder Kaur have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondents No.2/complainant Joginder Kaur in her statement has stated that she has no objection in case the FIR in question is quashed. 5.

Learned Judicial Magistrate 1st Class, Patti 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.0280 dated 19.12.2017 registered at Police Station Bhikhiwind, District Tarn Taran under Section 420 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner. 24.11.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2021.11.24 18:04 I attest to the accuracy and integrity of this document