Sajiv Kumar And Others v. State Of Punjab And Others

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-39342-2021 (O&M) Date of Decision:- 29.11.2021 Sanjiv Kumar and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Rohiteshwar Singh, Advocate, for the petitioners. Mr. Ajay Pal Singh Gill, DAG, Punjab.

Mr. Rahul Dev Singh, Advocate, for respondents No.2(a) to 2(e).

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

The petitioners have approached this Court seeking quashing of FIR No.81, dated 26.3.2019, Police Station Beas, District Amritsar Rural, under Sections 447, 427, 506, 201, 148, 149 IPC and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 23.9.2021, 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, Baba Bakala Sahib, District Amritsar, has been received, wherein it has been reported that MOHAN SINGH 2021.11.30 11:25 I attest to the accuracy and integrity of this document

- 2 - CRM-M-39342-2021 (O&M) the statements of petitioners/accused Sanjiv Kumar, Rahul Kumar, Sushil Kumar, Ram Kumar Tagri and also of complainant's LRs namely Krishna Wati, Reeta Rani, Bhagya Sharma, Subhagya Sharma, Ajay Bhagya Sharma have been recorded to the effect that they have compromised the matter amongst themselves. 4.

The complainant's LRs namely Krishna Wati, Reeta Rani, Bhagya Sharma, Subhagya Sharma, Ajay Bhagya Sharma in their statements had stated that they have no objection in case the FIR in question is quashed.

5.

The learned Judicial Magistrate 1st Class, Baba Bakala Sahib, District Amritsar, has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or 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.81, dated 26.3.2019, Police Station Beas, District Amritsar Rural, under Sections 447, 427, 506, 201, 148, 149 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

29.11.2021 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2021.11.30 11:25 I attest to the accuracy and integrity of this document