Jagdish Raj And ORS. v. State Of Punjab And Another

2024:PHHC:037211

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-29146-2023 (O&M) Date of Decision: 14.03.2024 Jagdish Raj & others

...Petitioners

Versus

The State of Punjab & another

...Respondents

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Mr. Kartik Gupta, Advocate, for the petitioners. Mr. Vinay Kumar Malhotra, DAG, Punjab.

GURVINDER SINGH GILL, J. (Oral) 1.

The petitioners seek quashing of FIR No.261 dated 10.10.2022 registered at Police Station City, Hoshiarpur, under Sections 323, 353, 186, 307, 148, 149 & 506 IPC (Section 307 IPC stands deleted later on) and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties. 2.

Vide order dated 28.07.2023, 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 Chief Judicial Magistrate, Hoshiarpur, has been received, wherein it has been reported that the statements of accused/petitioners, namely, Jagdish Raj, Rajinder Singh, Manpreet Singh @ Manpreet Singh Khalsa, Rahul Sharma, Shashank Sharma @ Sunny, Pushpinder Sharma @ Puneet Sharma, Sahil Talwar @ Bawa, VIMAL KUMAR 2024.03.15 10:38 I attest to the accuracy and integrity of this document

CRM-M-29146-2023 (O&M) -2Sohan Lal as well as of complainant Palwinder Kumar have been recorded to the effect that they have compromised the matter amongst themselves.

4.

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

The learned Chief Judicial Magistrate, Hoshiarpur, has specifically opined that the parties have entered into compromise without any 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.261 dated 10.10.2022 registered at Police Station City, Hoshiarpur, under Sections 323, 353, 186, 307, 148, 149 & 506 IPC (Section 307 IPC stands deleted later on) and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners. 14.03.2024 (GURVINDER SINGH GILL) Vimal JUDGE Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No VIMAL KUMAR 2024.03.15 10:38 I attest to the accuracy and integrity of this document