Harbhajan Singh And ORS v. State Of Punjab And ORS

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-30342-2019 (O&M) Date of Decision:-14.2.2020 Harbhajan Singh and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Amit Arora, Advocate for the petitioners. Ms. Rashmi Attri, Assistant Advocate General, Punjab, assisted by SI Karanjit Singh.

Ms. Sonia Pama, Advocate for Mr. Parminder Singh Kanwar, Advocate, for respondents No.2 and 3.

***** GURVINDER SINGH GILL, J .(Oral) The petitioners have approached this Court seeking quashing of FIR No.41 dated 7.5.2013 registered at Police Station Jhabhal, District Tarn Taran under Sections 323, 324, 326, 506 and 34 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 18.7.2019, 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 Additional Chief Judicial Magistrate, Tarn Taran has been received, wherein it has been reported that statements of petitioners/accused Harbhajan Singh, Gurpreet Singh and Sarabjit Kaur and PANKAJ KAKKAR 2020.02.14 17:33 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-30342-2019 (O&M) also of complainant Sukhbir Singh and injured Sukhjit Kaur have been recorded to the effect that they have compromised the matter amongst themselves.

The complainant Sukhbir Singh and injured Sukhjit Kaur in their statements have stated that they have no objection in case the FIR in question is quashed.

The learned Additional Chief Judicial Magistrate, Tarn Taran 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.41 dated 7.5.2013 registered at Police Station Jhabhal, District Tarn Taran under Sections 323, 324, 326, 506 and 34 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