Kulbir Singh And ANR v. State Of Ut Chd And Others

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-24162-2019 (O&M) Date of Decision:-29.8.2019 Kulbir Singh and another ... Petitioners

Versus

State of U.T., Chandigarh and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Mohit Garg, Advocate for the petitioners. Mr. Gautam Kaile, Advocate for Mr. Rajiv Sharma, Addl.P.P., U.T., Chandigarh. Mr. Ravinder Singh, Advocate for respondents No.2 and 3. ***** GURVINDER SINGH GILL, J .(Oral) The petitioners have approached this Court seeking quashing of FIR No.74 dated 23.3.2019 registered at Police Station Sector 39, Chandigarh under Sections 323, 341, 354 and 34 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. Vide order dated 24.5.2019, 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.

Report of learned Judicial Magistrate 1st Class, Chandigarh has been received, wherein it has been reported that statements of Pankaj Kakkar 2019.08.30 14:13 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-24162-2019 (O&M) petitioners/accused Kulbir Singh and Abhay Sooden and also of complainant Dr. Leena Hingonia and Keshav Hingonia have been recorded to the effect that they have compromised the matter amongst themselves and they have no objection in case the FIR is quashed.

The learned Judicial Magistrate 1st Class, Chandigarh has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 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.74 dated 23.3.2019 registered at Police Station Sector 39, Chandigarh under Sections 323, 341, 354 and 34 of Indian Penal Code, 1860and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

29.8.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2019.08.30 14:13 I attest to the accuracy and integrity of this document