Jatinder Singh @ J.T. And ANR v. State Of Punjab And ANR

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-24231-2022 (O&M) Date of Decision:-1.12.2022 Jatinder Singh @ J.T. and another ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Arshit Goel, Advocate for the petitioners. Mr. Luvinder Sofat, DAG, Punjab.

Mr. M.S. Hundal, Advocate for Mr. Shivam Malhotra, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners seek quashing of FIR No.33, dated 20.2.2020, Police Station Sadar Patiala, District Patiala, under Sections 384, 323, 506, 34 of Indian Penal Code (later on Section 457 IPC was substituted with Section 458 IPC) and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Vide order dated 30.5.2022, 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.

3.

Report of learned Additional Chief Judicial Magistrate, Patiala has been received, wherein it has been reported that statements of petitioners/accused Jatinder Singh @ J.T. and Navjyot Singh and also of respondent PANKAJ KAKKAR 2022.12.01 18:25 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-24231-2022 (O&M) No.2/complainant namely Charan Singh have been recorded to the effect that they have compromised the matter amongst themselves. 4.

Respondent No.2/complainant namely Charan Singh in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

Learned Additional Chief Judicial Magistrate, Patiala has specifically opined that the parties have entered into compromise voluntarily and without any 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.33, dated 20.2.2020, Police Station Sadar Patiala, District Patiala, under Sections 384, 323, 506, 34 of Indian Penal Code (later on Section 457 IPC was substituted with Section 458 IPC) and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. 1.12.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2022.12.01 18:25 I attest to the accuracy and authenticity of this document