Dewan Bal Krishan And Others v. State Of Punjab And Others

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-29346-2021 (O&M) Date of Decision:-7.12.2021 Dewan Bal Krishan and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Aman Pal, Advocate for the petitioners.

Mr. Ajay Pal Singh Gill, DAG, Punjab.

Ms. Pooja Jaglan, Advocate with Mr. Amit Sharma, Advocate for respondents No.2 to 4. ***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioners have approached this Court seeking quashing of FIR No.127 dated 3.7.2020 registered at Police Station Dhakoli, District Mohali, Punjab under Sections 452, 323, 427, 506 and 148 of Indian Penal Code, wherein offence under Section 201 IPC was added later on, and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Vide order dated 28.7.2021, 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.

PANKAJ KAKKAR 2021.12.07 17:07 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-29346-2021 (O&M) 3.

Report of learned Judicial Magistrate 1st Class, Dera Bassi has been received, wherein it has been reported that the statements of petitioners/accused Dewan Bal Krisha, Vaibhav Dewan, Munish Dewan and also of respondent No.2/complainant Ajay Vir Sehgal and respondents No.3 and 4/victims namely Arvind Kumar Mourya and Amar Singh have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondent No.2/complainant Ajay Vir Sehgal and respondents No.3 and 4/victims namely Arvind Kumar Mourya and Amar Singh in their statements have stated that they have no objection in case the FIR in question is quashed.

5.

Learned Judicial Magistrate 1st Class, Dera Bassi 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.127 dated 3.7.2020 registered at Police Station Dhakoli, District Mohali, Punjab under Sections 452, 323, 427, 506 and 148 of Indian Penal Code, wherein offence under Section 201 IPC was added later on and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

7.12.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2021.12.07 17:07 I attest to the accuracy and integrity of this document