Rohit Bagga And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-36181-2019 Date of decision:27.1.2020 ROHIT BAGGA AND OTHERS .....Petitioners

Versus

STATE OF PUNJAB AND ANOTHER .....Respondents **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. Balram Singh, Advocate for the petitioners.

Ms. Rashmi Attri, AAG, Punjab assisted by SI Raman Kumar.

**** GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioners seek quashing of FIR No.106 dated 21.5.2019 under Sections 323, 324, 341, 148, 149 IPC, Police Station Phagwara, District Kapurthala and proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Vide order dated 30.8.2019 the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded as regards genuineness of the compromise.

3.

Report of learned Sub-Divisional Judaical Magistrate, Phagwara has been GAURAV SOROT 2020.01.28 13:29 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-36181-2019 received, wherein it has been reported that statements of petitioner/accused and also of complainant-Robin Singh have been recorded to the effect that they have compromised the matter amongst themselves.

4.

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

The learned Magistrate has specifically opined that the parties have entered into compromise voluntarily without any pressure, threat or coercion.

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 petition is allowed and FIR No.106 dated 21.5.2019 under Sections 323, 324, 341, 148, 149 IPC, Police Station Phagwara, District Kapurthala and all the consequent proceedings arising therefrom are hereby quashed qua the petitioners. ( GURVINDER SINGH GILL) 27.1.2020 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2020.01.28 13:29 I attest to the accuracy and integrity of this document