Suraj Parkash And Others v. State Of Punjab And ANR

2024:PHHC:029756 In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-31720-2022 (O&M) Date of Decision:-1.3.2024 Suraj Parkash and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Amit Dhawan, Advocate for the petitioners. Mr. Vinay Kumar Malhotra, DAG, Punjab.

Ms. Nancy, Advocate for Mr. Abhimanyu Kinayak, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners seek quashing of FIR No.29, dated 3.3.2017 registered at Police Station Division No.5, Police Commissionerate Jalandhar, under Sections 325, 323, 506 and 149 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties.

2.

Vide order dated 18.10.2022, 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, (NRI Court), Jalandhar has been received, wherein it has been reported that statements of Pankaj Kakkar 2024.03.01 16:17 I attest to the accuracy and authenticity of this document

CRM-M-31720-2022 (O&M) ( 2 ) 2024:PHHC:029756 petitioners/accused Suraj Parkash, Sonia Chauhan, Amol Chauhan @ Anmol Chauhan, Gaurav Chauhan, Suhil Kumar and also of respondent No.2 namely Shiv Kumar Chauhan have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondent No.2 namely Shiv Kumar Chauhan in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

Learned Judicial Magistrate 1st Class, (NRI Court), Jalandhar has specifically opined that the parties have entered into compromise voluntarily and without any 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.29, dated 3.3.2017 registered at Police Station Division No.5, Police Commissionerate Jalandhar, under Sections 325, 323, 506, 149 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

1.3.2024 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.03.01 16:17 I attest to the accuracy and authenticity of this document