Tejinder Singh And ORS v. State Of Punjab And ANR

CRM-M-9374-2018 (O&M) --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-9374-2018 (O&M) Date of decision: 16.10.2018 TEJINDER SINGH AND ORS.

.... PETITIONERS V/S STATE OF PUNJAB AND ANR.

..RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present: Mr. S.S. Majithia, Advocate, for the petitioners.

Ms. Simranjeet Kaur, A.A.G., Punjab.

Mr. Saurav Kanojia, Advocate, for respondent No.2.

***** GURVINDER SINGH GILL, J. (Oral) The petitioners seek quashing of FIR No.108 dated 13.04.2016, registered under Sections 406, 420, 465, 467, 468 and 471 IPC, at Police Station City Khanna, District Ludhiana (Annexure P-1) and all subsequent proceedings emanating therefrom on the ground that the matter has since been compromised amongst the parties.

Vide order dated 20.07.2018, the parties were directed to appear before the Illaqa Magistrate/Trial Court so as to get their statements recorded qua the factum of compromise.

Report of learned SDJM, Khanna, has been received to the effect that the statements of the complainant-Mahesh Kumar Gautam and also of the petitioners-accused have been recorded to the effect that they have SONIKA 2018.10.17 10:32 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-9374-2018 (O&M) --2-- compromised the matter. The complainant-Mahesh Kumar Gautam has specifically stated that he has no objection in case the FIR in question is quashed. It has specifically been opined by SDJM, Khanna that the parties have compromised the matter out of their free will and without any pressure. In view of the aforesaid report and in light of law laid down by Full Bench of this Court in 2007 (3) RCR (Crl.) 1052 Kulwinder Singh and others versus State of Punjab, the present petition is allowed and FIR No.108 dated 13.04.2016, registered under Sections 406, 420, 465, 467, 468 and 471 IPC, at Police Station City Khanna, District Ludhiana (Annexure P1), and all the consequent proceedings arising therefrom are hereby quashed qua the petitioners.

(GURVINDER SINGH GILL) 16.10.2018 JUDGE sonika Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SONIKA 2018.10.17 10:32 I attest to the accuracy and authenticity of this document Chandigarh