Shakil Ahmed Alias Shakil Ahmad And ANR v. State Of Punjab And ANR

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-26504-2020 (O&M) Date of Decision:-1.12.2020 Shakil Ahmed @ Shakil Ahmad and another ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Kamaljit Singh Dhillon, Advocate for the petitioners. Mr. Ajay Pal Singh Gill, DAG, Punjab.

Mr. Tejinder Pal Singh, Advocate for respondent No.2. (proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioners have approached this Court seeking quashing of FIR No.214 dated 9.12.2019 registered at Police Station Adampur, Jalandhar Rural, District Jalandhar under Sections 420 and 120-B of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 7.9.2020, 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.

3.

Report of learned Judicial Magistrate 1st Class, Jalandhar has been received, wherein it has been reported that the statements of petitioners/accused PANKAJ KAKKAR 2020.12.01 20:04 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-26504-2020 (O&M) Shakil Ahmed @ Shakil Ahmad and Faizan Ahmad @ Fazaan Ahmad and also of complainant Sarwan Singh have been recorded to the effect that they have compromised the matter amongst themselves. 4.

The complainant Sarwan Singh in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

The learned Judicial Magistrate 1st Class, Jalandhar 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.214 dated 9.12.2019 registered at Police Station Adampur, Jalandhar Rural, District Jalandhar under Sections 420 and 120-B of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

1.12.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2020.12.01 20:04 I attest to the accuracy and integrity of this document