Lakhwinder Singh Alias Lakha And ANR v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-26707-2021 (O&M) Date of Decision:-15.12.2021 Lakhwinder Singh @ Lakha and another ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Ashish Aggarwal, Advocate for the petitioners. Mr. Ajay Pal Singh Gill, DAG, Punjab.

Mr. Gaurav Soni, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioners have approached this Court seeking quashing of FIR No.60 dated 7.5.2021 registered at Police Station Sultanwind, District Police Commissionerate Amritsar under Sections 420 and 34 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Vide order dated 3.8.2021, 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, Amritsar has been received, wherein it has been reported that the statements of petitioners/accused PANKAJ KAKKAR 2021.12.15 17:56 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-26707-2021 (O&M) Lakhwinder Singh @ Lakha, Navdeep Singh Gill and also of complainant/respondent No.2 Amarjeet Singh have been recorded to the effect that they have compromised the matter amongst themselves. 4.

The complainant/respondent No.2 Amarjeet Singh in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

Learned Judicial Magistrate 1st Class, Amritsar 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.60 dated 7.5.2021 registered at Police Station Sultanwind, District Police Commissionerate Amritsar under Sections 420 and 34 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

15.12.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2021.12.15 17:56 I attest to the accuracy and integrity of this document