High Court of Punjab and HaryanaCRM-M/44324/2017allowed

Gurnaib Singh And ORS. v. State Of Punjab And ANR.

2018-12-13Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-44324-2017 (O&M) Date of Decision:- 13.12.2018 Gurnaib Singh and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. J.S.Khiva, Advocate, for the petitioners. Ms. Ruchika Sabbharwal, AAG, Punjab.

***** GURVINDER SINGH GILL, J . (Oral) The present petition has been filed for quashing of FIR No. 41 dated 8.5.2017 Police Station Bhikhi, District Mansa under Section 420 IPC and proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

Vide order dated 22.5.2018 the parties had been directed to appear before the trial Court so as to get the statements recorded. Report of learned Judicial Magistrate 1st Class, Mansa has been received to the effect that statement of complainant Dulla Singh and also of petitioners/accused Gurnaib Singh @ Rohi, Harwinder Singh and Veerpal Kaur have been recorded to the effect that they have entered into a compromise with the intervention of respectables. The complainant has KAMAL KUMAR 2018.12.13 17:18 I attest to the accuracy and integrity of this document

CRM-M-44324-2017 (O&M) -2specifically stated that he has no objection if the FIR in the present case is quashed. The learned Judicial Magistrate 1st Class, Mansa opined that the parties have entered into the compromise voluntarily, without there being any coercion or undue influence.

In view of the aforesaid report 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 petition stands allowed and FIR No. 41 dated 8.5.2017 Police Station Bhikhi, District Mansa under Section 420 IPC and all the consequent proceedings arising therefrom are hereby quashed qua the petitioners.

13.12.2018 (Gurvinder Singh Gill) kamal Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No KAMAL KUMAR 2018.12.13 17:18 I attest to the accuracy and integrity of this document