Jagmeet Singh And ORS v. State Of Punjab And ORS

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 14.9.2021 Jagmeet Singh and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Ranbir Singh Sekhon, Advocate and Mr. Arjinder Singh Sidhu, Advocate, for the petitioners. Mr. Ajay Pal Singh Gill, DAG, Punjab.

(Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners have approached this Court seeking quashing of FIR No.45, dated 2.5.2019, Police Station Dhakoli, District SAS Nagar, Mohali, under Section 382, 34 IPC (Sections 392, 395, 473, 120-B IPC and Sections 25/54/59 of Arms Act added later on) and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 10.11.2020, 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. This Court also finds that in the instant case, the complainant had initially levelled allegations to

- 2 - the effect that the accused had roped them for an amount of Rs.3.5 lakhs but subsequently he came out with another version to the effect that they had been robbed of an amount of Rs.1.5 crores apart from gold jewellery weighing 2.5 kgs.

3.

Report of learned Additional District and Sessions Judge, SAS Nagar, Mohali, has been received, wherein it has been reported that the statements of petitioners/accused Jagmeet Singh, Vishnu Sharma, Parth Bakshi @ Tyson, Harman Singh, Sukhdev Singh @ Teji and Gursewak Singh @ Sewa and also of complainant Zeenu and Rakesh Kumar have been recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant Zeenu and Rakesh Kumar in their statements had stated that they have no objection in case the FIR in question is quashed.

5.

The learned Additional District and Sessions Judge, SAS Nagar, Mohali, 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.45, dated 2.5.2019, Police Station Dhakoli, District SAS Nagar, Mohali, under Section 382, 34 IPC (Sections 392, 395, 473, 120-B IPC and Sections 25/54/59 of Arms Act added

- 3 - later on) and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

14.9.2021 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No