Kamaljit Singh Alias Ghona And Others v. State Of Punjab And Another

CRM-M-4003-2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-4003-2017 Date of decision: 23.10.2017 Kamaljit Singh @ Ghona and others ..... Petitioners

Versus

State of Punjab and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. AS Brar, Advocate for the petitioners. Mr. Rana Harjasdeep Singh, AAG, Punjab.

Mr. HS Mavi, Advocate for respondent No. 2.

RAMENDRA JAIN, J. (ORAL) 1.

Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 6 dated 17.01.2017 (Annexure P-1) registered under Sections 324 and 342 read with Section 34 IPC at Police Station Badhni Kalan, District Moga and all subsequent proceedings arising therefrom, on the basis of compromise dated 29.01.2017 (Annexure P-2) effected between the parties.

2.

Vide order dated 08.02.2017, parties were directed to appear before the Illaqa Magistrate, to get their statements recorded for compromise with a direction to the trial Court to furnish a report qua veracity of the compromise.

3.

Consequently, parties appeared before the Sub Divisional Judicial Magistrate, Nihal Singh Wala and got recorded their statements qua compromise. Report from the Sub Divisional Judicial Magistrate, Nihal Singh Wala, vide letter No. 199 dated 28.02.2017, duly forwarded by Rishu Kataria 2017.10.25 12:05 I attest to the accuracy and authenticity of this document

CRM-M-4003-2017 -2learned District and Sessions Judge, Moga, vide Endst. No. 871/EB dated 03.03.2017, has been received. According to the report of the learned Sub Divisional Judicial Magistrate, Nihal Singh Wala, the compromise between the parties is voluntary, genuine, without any coercion and undue influence. 4.

In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony in relations between the parties, the petition is accepted and the aforesaid FIR No. 6 dated 17.01.2017 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioners, is quashed.

October 23, 2017 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2017.10.25 12:05 I attest to the accuracy and authenticity of this document