Anil Kumar And Others v. State Of Punjab And Others

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-28053-2019 (O&M) Date of Decision:-14.2.2020 Anil Kumar and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- None for the petitioners.

Ms. Rashmi Attri, Assistant Advocate General, Punjab, assisted by ASI Vinod Kumar.

***** GURVINDER SINGH GILL, J .(Oral) The petitioners have approached this Court seeking quashing of FIR No.48 dated 4.6.2019 registered at Police Station Kulgarhi, District Ferozepur under Sections 323, 324, 452, 427, 148 and 149 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 4.7.2019, the parties had been directed to appear before the Trial Court so as to get their statements recorded qua the factum of compromise.

Report of learned Judicial Magistrate 1st Class, Ferozepur has been received, wherein it has been reported that statements of petitioners/accused Anil Kumar, Rohit, Vinod @ Vinod Kumar, Madan @ Madan Kumar, Mithun Lal @ Mithan, Sanju @ Sanjiv Kumar and Satish @ Satish Kumar and also of complainant Ravi Kumar and injured Sonu @ PANKAJ KAKKAR 2020.02.14 17:33 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-28053-2019 (O&M) Ashok Kumar have been recorded to the effect that they have compromised the matter amongst themselves with the intervention of respectables and Panchayat.

The complainant Ravi Kumar and injured Sonu @ Ashok Kumar in their statements have stated that they have no objection in case the FIR in question is quashed.

The learned Judicial Magistrate 1st Class, Ferozepur 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.48 dated 4.6.2019 registered at Police Station Kulgarhi, District Ferozepur under Sections 323, 324, 452, 427, 148 and 149 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

14.2.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2020.02.14 17:33 I attest to the accuracy and integrity of this document