Loveraj Singh And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-41601-2016 (O & M) Date of decision: 24.08.2018 Loveraj Singh and ors.

.... petitioners V/s State of Punjab and others ..Respondent(s)

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Mr. Amninder Preet, Advocate, for the petitioners. Ms. Ruchika Sabherwal, AAG, Punjab.

Mr. Hitesh, Advocate, for Mr. Johny Goyal, Advocate, for the complainant.

***** GURVINDER SINGH GILL, J. (Oral) The petitioners seek quashing of FIR No.218 dated 28.11.2015 registered under Sections 307, 364,324, 323 and 34 IPC and Sections 25, 27, 54 and 59 of Arms Act, at Police station City Kotkapura, District Faridkot (Annexure P-1) and subsequent proceedings emanating therefrom on the ground that the matter has since been compromised amongst the parties. Vide order dated 21.11.2016, parties had been directed to appear before learned CJM/Illaqa Magistrate so as to to get their statements recorded regarding the factum of compromise.

A report of learned JMIC, Faridkot, has been received to the effect that the statements of the petitioners/accused namely Loveraj Singh, Raman, Billi @ Vishal, Hari Krishan as well as of the complainant-Rajinder Singh and affected person-Ravind Singh, have been recorded that they have SUKHPREET KAUR 2018.08.27 22:35 I attest to the accuracy and integrity of this document

CRM-M-41601-2016 (O & M) ::2::

compromised the matter with the intervention of the Panchayat and respectables. It has also been reported by learned JMIC that no other criminal case or proclamation proceedings are pending against either of the parties. It has been opined by learned Magistrate that the parties have entered into the compromise voluntarily without their being any threat or coercion.

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 versus State of Punjab, the present petition is allowed and FIR No.218 dated 28.11.2015 registered under Sections 307, 364,324, 323 and 34 of the Indian Penal Code, 1860 and Sections 25, 27, 54 and 59 of Arms Act, at Police station City Kotkapura, District Faridkot, and all the consequent proceedings arising therefrom are hereby quashed. (GURVINDER SINGH GILL) August 24, 2018 JUDGE sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2018.08.27 22:35 I attest to the accuracy and integrity of this document