Jaspreet Singh @ Jassa And ORS v. State Of Punjab And Another

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-6709-2022 in/and Date of Decision:- 5.4.2022 Jaspreet Singh @ Jassa and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Monty Goyal, Advocate, for the petitioners. Mr. Anmol S. Sandhu, AAG, Punjab.

Mr. Harjeet Goyal, Advocate for Mr. Pardhuman Garg, Advocate, for respondent No.2. ***** GURVINDER SINGH GILL, J . (Oral) CRM-6709-2022 In view of the reasons mentioned in the application, the same is allowed and the matter is preponed from 23.9.2022 and is taken on Board today itself.

CRM-M-30443-2021 1.

The petitioners have approached this Court seeking quashing of FIR No.213, dated 14.7.2016, Police Station Jodhewal, District Ludhiana, under Sections 452, 427, 506, 148, 149 IPC and Sections 25/54/59 of Arms Act, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

- 2 - 2.

Vide order dated 2.8.2021, 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.

3.

Report of learned Judicial Magistrate 1st Class, Ludhiana, has been received, wherein it has been reported that the statements of petitioners/accused Jaspreet Singh @ Jassa, Naresh @ Lucky Gujjar, Rakesh Kumar @ Kala, Kulwinder Singh @ Buta and also of complainant Sukhjinder Singh @ Mitthu have been recorded to the effect that they have compromised the matter amongst themselves. 4.

It may here be mentioned that the statement of complainant as well as the petitioners, except petitioner No.3-Sanjeev Kumar, was recorded as said Sanjeev Kumar @ Sanju did not appear before the trial Court. 5.

The complainant Sukhjinder Singh in his statement has however, categorically stated that he had lodged the FIR against Jaspreet Singh @ Jassa, Naresh @ Lucky Gujjar, Sanjeev Kumar @ Sanju, Rakesh Kumar @ Kala, Kulwinder Singh @ Buta, but now he has compromised with all the accused/petitioners. Complainant in his statement has further stated that he has no objection in case the FIR in question is quashed.

6.

The learned Judicial Magistrate 1st Class, Ludhiana, has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 7.

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

- 3 - is allowed and FIR No.213, dated 14.7.2016, Police Station Jodhewal, District Ludhiana, under Sections 452, 427, 506, 148, 149 IPC and Sections 25/54/59 of Arms Act and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners.

5.4.2022 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No