High Court of Punjab and HaryanaCRM-M/24738/2020allowed

Gurwinder Singh And ORS v. State Of Punjab And ORS

2021-10-05Mr. Justice Harinder Singh Sidhu2 pages

Crl.M.No.32588 of 2021 in/and CRM-M-24738 of 2020 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl.M.No.32588 of 2021 in/and CRM-M-24738 of 2020 Date of Decision: 05.10.2021 Gurwinder Singh and Ors.

......Petitioners

Versus

State of Punjab and Anr.

.....Respondents CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Brijeshwar Singh Bhalla, Advocate for the petitioners. Mr. Rana Harjasdeep Singh, DAG, Punjab.

Mr. S.P Singh, Advocate for respondent No.2.

HARINDER SINGH SIDHU, J Crl.M.No.32588 of 2021 Prayer is for preponing the date of hearing.

Notice of the application.

Sh. Rana Harjasdeep Singh, DAG, Punjab accepts notice on behalf of respondent-State of Punjab.

For the reasons recorded in the application, which is supported by an affidavit, the same is allowed and the matter is taken up for hearing today itself.

Main case Petitioners have filed this petition under Section 482 Cr.P.C. for quashing of FIR No. 103 dated 06.08.2020 under Sections 341,323,324,148,149 IPC registered at P.S Sadar Kotkapura, District Faridkot and all other consequential proceedings arising out of the said FIR, as the matter stands amicably settled in terms of compromise deed. Vide order dated 27.08.2020 and 18.12.2020, the parties were directed to appear before the trial Court/Area Magistrate on 30.10.2020 and 13.01.2021 respectively for getting their statements recorded with regard to the compromise.

MANOJ KUMAR 2021.10.06 09:41 I attest to the accuracy and integrity of this document

Crl.M.No.32588 of 2021 in/and CRM-M-24738 of 2020 #2# A report dated 14.01.2021 of learned Judicial Magistrate, Ist Class, Faridkot has been received. As per the report, the parties had appeared before learned Magistrate and got recorded their statements regarding compromise. Learned Magistrate has stated that he is of the considered view that the compromise between the parties is valid, genuine, voluntary and without any coercion or undue influence.

In view thereof, the present petition is allowed. FIR No. 103 dated 06.08.2020 under Sections 341,323,324,148,149 IPC registered at P.S Sadar Kotkapura, District Faridkot along with all subsequent proceedings arising therefrom, are hereby quashed qua the petitioners. October 05, 2021 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2021.10.06 09:41 I attest to the accuracy and integrity of this document