High Court of Punjab and HaryanaCRM-M/7761/2018allowed

Kulwinder Signh @ Romi & ANR v. State Of Punjab & ANR

2020-01-21Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-7761-2018 (O&M) Date of Decision:-21.1.2020 Kulwinder Singh @ Romi and another ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Navkiran Singh, Advocate for the petitioners. Mr. Saurav Khurana, Deputy Advocate General, Punjab. Mr. Sandeep Arora, Advocate for the complainant. ***** GURVINDER SINGH GILL, J .(Oral) The petitioners have approached this Court seeking quashing of FIR No.27 dated 15.3.2017 registered at Police Station Division No.4, Jalandhar under Sections406, 420 and 506 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 20.9.2019, 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, Jalandhar has been received, wherein it has been reported that statements of petitioners/accused Kulwinder Singh @ Romi and Harjit Kaur and also of PANKAJ KAKKAR 2020.01.22 11:45 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-7761-2018 (O&M) complainant Kewal Krishan Gupta have been recorded to the effect that they have compromised the matter amongst themselves. The complainant in his statement has stated that he has no objection in case the FIR in question is quashed. 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. 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.27 dated 15.3.2017 registered at Police Station Division No.4, Jalandhar under Sections406, 420 and 506 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

21.1.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2020.01.22 11:45 I attest to the accuracy and integrity of this document