Navratan Singh Alias Gujju And Another v. State Of Punjab And Others

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-30133-2021 (O&M) Date of Decision:-19.9.2022 Navratan Singh @ Gujju and another ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Deepak Gupta, Advocate for the petitioners. Ms. Swati Batra, DAG, Punjab.

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

The petitioners have approached this Court seeking quashing of FIR No.127, dated 29.3.2021, Police Post Baltana, Police Station, Zirakpur, Tehsil Dera Bassi, District S.A.S. Nagar (Mohali), Punjab, under Sections 323, 324, 341, 506, 34 of Indian Penal Code, wherein offence under Section 326 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 30.7.2021, the parties had been directed to appear before the Illaqa Magistrate/Trial Court so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Sub Divisional Judicial Magistrate, Dera Bassi has been received, wherein it has been reported that statements of petitioners/accused Navratan Singh @ Gujju, Bakshish Singh and also of respondents No.2 and PANKAJ KAKKAR 2022.09.19 17:57 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-30133-2021 (O&M) 3 namely Mohammad Sawej and Naheem Ahmad have been recorded to the effect that they have compromised the matter amongst themselves. 4.

Respondents No.2 and 3 namely Mohammad Sawej and Naheem Ahmad in their statements have stated that they have no objection in case the FIR in question is quashed.

5.

Learned Sub Divisional Judicial Magistrate, 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 29.3.2021, Police Post Baltana, Police Station, Zirakpur, Tehsil Dera Bassi, District S.A.S. Nagar (Mohali), Punjab, under Sections 323, 324, 341, 506, 34 of Indian Penal Code, wherein offence under Section 326 IPC was added later on, and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. 19.9.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2022.09.19 17:57 I attest to the accuracy and authenticity of this document