Gurnam Singh And ORS v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:-02.12.2021 Gurnam Singh and others ... Petitioners

Versus

State of Punjab and others ... Respondents *****

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH ***** Present:- Mr. Vikas Gupta, Advocate for the petitioners.

Mr. A.S. Dhaliwal, DAG, Punjab.

Mr. Vikasdeep Singh, Advocate for respondents No.2 and 3.

***** KARAMJIT SINGH , J. (Oral) Case has been heard through video conferencing on account of COVID-19 Pandemic.

Present petition is for quashing of FIR No.97 dated 15.7.2021 registered under Sections 326/323/452/34 at Police Station Sirhali, District Tarn Taran on the basis of compromise dated 27.7.2021 (Annexure P-2) along with other consequential proceedings arising thereto.

( 2 ) The above stated FIR was registered on the statement of the complainant/respondent No.2-Mandeep Kaur in which she alleged that on 12.7.2021, the petitioners (accused persons) attacked her and respondent No.3-Gurpinder Singh, her brother-in-law and caused injuries to both of them.

On notice of motion, respondents No.2 & 3 appeared in the Court through their counsel and pleaded that they have no objection if the FIR in this case is quashed on the basis of the aforesaid compromise which has been effected between the parties.

During the course of preliminary hearing, the trial Court/Duty Magistrate was directed to record the statements of the all the concerned parties with regard to genuineness and validity or otherwise of the aforesaid compromise.

In compliance thereof, report from the Court of Judicial Magistrate Ist Class, Tarn Taran along with statements of the parties has been received, in which, it is mentioned that the compromise is genuine and there was no undue influence or coercion from any side. I have heard learned counsel for the parties Learned counsel for the parties are ad idem that in view of the settlement effected between the parties, the present petition deserves to be accepted. It has also come on record that the aforesaid compromise is genuine and the parties effected the same without any undue influence or coercion.

( 3 ) I am of the view that the aforesaid compromise is in the welfare and interest of the parties and will enable the parties to live in peace and enjoy their life in a dignified manner. Also there is no legal impediment in translating their wishes into reality by putting an end to the criminal prosecution initiated on the basis of FIR in question. For the reasons aforestated and having regard to the law laid down by Hon'ble Apex Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Five Judges Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this petition is allowed and FIR No.97 dated 15.7.2021 registered under Sections 326/323/452/34 at Police Station Sirhali, District Tarn Taran on the basis of compromise dated 27.7.2021 (Annexure P-2) and all the subsequent proceedings thereof are hereby quashed qua the petitioners.

Needless to mention that both the parties will abide by the terms and conditions of the compromise Annexure P-2 in letter and spirit. ( KARAMJIT SINGH) 02.12.2021 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No