Harkamaljit Singh v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-29815-2021 (O&M) Date of Decision:-15.9.2022 Harkamaljit Singh ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Gursharan Singh, Advocate for the petitioner. Mr. Luvinder Sofat, DAG, Punjab.

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

The petitioner has approached this Court seeking quashing of FIR No.174 dated 29.09.2020, Police Station Sadar, District Pathankot, under Sections 452, 323, 427, 506 and 34 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Vide order dated 30.07.2021, 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 Judicial Magistrate 1st Class, Pathankot has been received, wherein it has been reported that statements of petitioner/accused Harkamaljit Singh @ Bunty and also of respondent No.2-Umesh Sharma PANKAJ KAKKAR 2022.09.15 19:50 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-29815-2021 (O&M) have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondent No.2-Umesh Sharma in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

Learned Judicial Magistrate 1st Class, Pathankot 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.174 dated 29.09.2020, Police Station Sadar, District Pathankot, under Sections 452, 323, 427, 506 and 34 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner. 15.9.2022 ( Gurvinder Singh Gill ) geeta Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2022.09.15 19:50 I attest to the accuracy and authenticity of this document