Sukhjinder Singh And Others v. State Of Punjab And Others

2024:PHHC:016425 In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-22473-2023 (O&M) Date of Decision:- 06.02.2024 Sukhjinder Singh and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. A.S.Manaise, Advocate, for the petitioners. Mr. Ramdeep Partap Singh, Sr. DAG, Punjab.

Mr. Hardik Ahluwalia, Advocate, for respondents No.2 and 3.

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

The petitioners-Sukhjinder Singh, Davinderpal Singh @ Happy and Dilsher Singh have approached this Court seeking quashing of FIR No.15 dated 04.04.2019, Police Station Behrampur, District Gurdaspur, under Sections 324, 323, 34 IPC, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 08.05.2023, 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.

3.

Report of learned Judicial Magistrate 1st Class, Gurdaspur, has been received, wherein it has been reported that the statements of MOHAN SINGH 2024.02.07 01:25 I attest to the accuracy and integrity of this order/judgment

CRM-M-22473-2023 (O&M) - 2 - 2024:PHHC:016425 petitioners/accused Sukhjinder Singh, Davinderpal Singh @ Happy, Dilsher Singh and complainant/injured Raman Kumar and Ashwani Kumar have been recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant/injured Raman Kumar and Ashwani Kumar in their statement had stated that they have no objection in case the FIR in question is quashed.

5.

The learned Judicial Magistrate 1st Class, Gurdaspur, 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.15 dated 04.04.2019, Police Station Behrampur, District Gurdaspur, under Sections 324, 323, 34 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners.

06.02.2024 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2024.02.07 01:25 I attest to the accuracy and integrity of this order/judgment