Lakhwinder Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-49049-2018 (O&M) Date of decision:13.3.2020 LAKHWINDER SINGH .....Petitioner

Versus

STATE OF PUNJAB AND OTHERS .....Respondents CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL

Present:

Mr. Amaninder Preet, Advocate for the petitioner.

Ms. Rashmi Attri, AAG, Punjab assisted by ASI Baljinder Singh.

Mr. K.S. Mamrat, Advocate for respondents No.2 to 6.

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

The petitioner seeks quashing of FIR No.78 dated 13.6.2018 under Sections 279, 337, 338, 427 IPC, Police Station Sadar, District Sri Muksar Sahib and proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Vide order dated 12.11.2018 the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded as regards genuineness of the compromise. 3.

Report of learned Additional Chief Judicial Magistrate, Sri Muktsar Sahib has been received, wherein it has been reported that statements of GAURAV SOROT 2020.03.13 16:35 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-49049-2018(O&M) petitioner/accused and also of complainant Gulshan Mehta @ Gulshan Kumar have been recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant in his statement has specifically stated that he does not want to take any action against the accused.

5.

The learned Additional Chief Judicial Magistrate, Sri Muktsar Sahib has specifically opined that compromise effect between the parties appears to be genuine without any kind of coercion, undue influence or pressure. 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 petition is allowed and FIR No.78 dated 13.6.2018 under Sections 279, 337, 338, 427 IPC, Police Station Sadar, District Sri Muksar Sahib and all the consequent proceedings arising therefrom are hereby quashed qua the petitioner. ( GURVINDER SINGH GILL) 13.3.2020 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2020.03.13 16:35 I attest to the accuracy and integrity of this document