Amninder Singh And Others v. State Of Punjab And Another

2024:PHHC:036208 In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-34127-2023 (O&M) Date of Decision:-13.3.2024 Amninder Singh and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Satnam Singh Thakur, Advocate for the petitioners. Mr. Rajinder Singh, DAG, Haryana.

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

The petitioners seek quashing of complaint No. COMI No.55 of 2015 dated 30.9.2015, under Sections 380, 451 and 34 of Indian Penal Code titled as 'Harjinder Singh Vs. Mohinder Singh @ Gora and others' and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties. 2.

Vide order dated 18.7.2023, the parties had been directed to appear before the Illaqa Magistrate/Duty Magistrate so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Judicial Magistrate 1st Class, Phillaur has been received, wherein it has been reported that statements of petitioners/accused Amninder Singh, Hardip Singh Taggar, Makhan Singh and also of respondent Pankaj Kakkar 2024.03.13 18:12 I attest to the accuracy and authenticity of this document

CRM-M-34127-2023 (O&M) ( 2 ) No.2/complainant - Harjinder Singh have been recorded to the effect that they have compromised the matter amongst themselves. 4.

Respondent No.2 namely Harjinder Singh in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

Learned Judicial Magistrate 1st Class, Phillaur has specifically opined that the parties have entered into compromise voluntarily and without any 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 complaint No. COMI No.55 of 2015 dated 30.9.2015, under Sections 380, 451 and 34 of Indian Penal Code titled as 'Harjinder Singh Vs. Mohinder Singh @ Gora and others' and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

13.3.2024 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.03.13 18:12 I attest to the accuracy and authenticity of this document