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High Court of Punjab and HaryanaCRM-M/32521/2023allowed

Verma Nand v. State Of Punjab And Another

2024-04-03Mr. Justice Gurvinder Singh Gill2 pages

2024:PHHC:045069 In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-32521-2023 (O&M) Date of Decision:-3.4.2024 Verma Nand ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. M.S. Virk, Advocate for the petitioner.

Mr. Vishavjeet Singh Virk, DAG, Punjab.

Mr. Vivek Dahiya, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner seeks quashing of FIR No.64, dated 12.4.2023 registered at Police Station Talwandi Sabo, District Bathinda, under Sections 379-B, 323 and 506 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.

Status report by way of affidavit of Shri Rajesh Snehi Batta, PPS, Deputy Superintendent of Police, Sub- Division, Talwandi Sabo, District Bathinda, has been filed by learned State counsel, which is taken on record. 3.

Vide order dated 26.2.2024, the parties had been directed to appear before the Trial Court/Duty Magistrate so as to get their statements recorded qua the factum of compromise.

Pankaj Kakkar 2024.04.03 18:11 I attest to the accuracy and authenticity of this document

CRM-M-32521-2023 (O&M) ( 2 ) 2024:PHHC:045069 4.

Report of learned Judicial Magistrate 1st Class, Talwandi Sabo has been received, wherein it has been reported that statements of petitioner/accused Verma and also of respondent No.2 namely Gurpreet Singh have been recorded to the effect that they have compromised the matter amongst themselves.

5.

Respondent No.2 namely Gurpreet Singh in his statement has stated that he has no objection in case the FIR in question is quashed. 6.

Learned Judicial Magistrate 1st Class, Talwandi Sabo has specifically opined that the parties have entered into compromise voluntarily and without any undue influence.

7.

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.64, dated 12.4.2023 registered at Police Station Talwandi Sabo, District Bathinda, under Sections 379-B, 323 and 506 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.

3.4.2024 ( Gurvinder Singh Gill ) geeta/p Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.04.03 18:11 I attest to the accuracy and authenticity of this document