Sudhir Kumar v. State Of Punjab And Another

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-30150-2022 (O&M) Date of Decision:- 14.11.2022 Sudhir Kumar ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Lalit Singla, Advocate, for the petitioner. Mr. Siddharth Attri, AAG, Punjab, assisted by ASI Charanjit Singh.

Mr. Anmol Dutt, Advocate, for Mr. Gaurav Singh Rana, Advocate, for respondent No.2. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners have approached this Court seeking quashing of FIR No.0036, dated 05.05.2022, Police Station Sherpur, District Sangrur, under Sections 452, 323, 506 of IPC and Sections 3 and 4 of SC and ST (Prevention of Atrocities) Act, 1989, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 15.7.2022, the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded qua the factum of compromise.

MOHAN SINGH 2022.11.14 18:24 I attest to the accuracy and authenticity of this document

- 2 - CRM-M-30150-2022 (O&M) 3.

Report of learned Judicial Magistrate 1st Class, Dhuri, has been received, wherein it has been reported that the statements of petitioner/accused Sudhir Kumar and complainant Pavittar Singh have been recorded to the effect that they have compromised the matter amongst themselves.

4.

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

The learned Judicial Magistrate 1st Class, Dhuri, 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.0036, dated 05.05.2022, Police Station Sherpur, District Sangrur, under Sections 452, 323, 506 of IPC and Sections 3 and 4 of SC and ST (Prevention of Atrocities) Act, 1989 and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioner.

14.11.2022 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2022.11.14 18:24 I attest to the accuracy and authenticity of this document