Harpreet Singh @ Heera @ Golu v. State Of Punjab And Others

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-20447-2019 (O&M) Date of Decision:-27.8.2019 Harpreet Singh alias Heera alias Golu ... Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Neeraj Yadav, Advocate for the petitioner. Ms. Rashmi Attri, Assistant Advocate General, Punjab, assisted by ASI Sukhwant Singh.

Mr. Gursimran Singh, Advocate for Mr. Raj Karan Singh Verka, Advocate, for respondents No.2 and 3.

***** GURVINDER SINGH GILL, J .(Oral) The petitioners have approached this Court seeking quashing of FIR No.0024 dated 2.4.2019 registered at Police Station Mattewal, District Amritsar (Rural) under Sections 354-A and 342 of Indian Penal Code, 1860 and Section 8 of Protection of Children from Sexual Offences Act, 2012 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. Status report by way of affidavit of Sh. Jogeshwar Singh Goraya, PPS, Deputy Superintendent of Police, Sub Division, Majitha, District Amritsar (Rural) has been filed by learned State counsel today in Court, which is taken on record.

Pankaj Kakkar 2019.08.27 17:43 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-20447-2019 (O&M) Vide order dated 6.5.2019, 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.

Report of learned Sub Divisional Judicial Magistrate, Baba Bakala Sahib, District Amritsar has been received, wherein it has been reported that statements of petitioner/accused Harpreet Singh alias Heera alias Golu and also of complainant Harjit Kaur (minor) and Nirmal Singh have been recorded to the effect that they have compromised the matter amongst themselves with the intervention of respectables and they have no objection in case the FIR is quashed.

The learned Sub Divisional Judicial Magistrate, Baba Bakala Sahib, District Amritsar has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence.

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.0024 dated 2.4.2019 registered at Police Station Mattewal, District Amritsar (Rural) under Sections 354-A and 342 of Indian Penal Code, 1860 and Section 8 of Protection of Children from Sexual Offences Act, 2012 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.

27.8.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2019.08.27 17:43 I attest to the accuracy and integrity of this document