Satnam Singh v. State Of Punjab And Another

2024:PHHC:039317

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-33994-2023 (O&M) Date of Decision: 19.03.2024 Satnam Singh

...Petitioner

Versus

State of Punjab & another

...Respondents

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Mr.Manbir Singh Basra, Advocate, for the petitioner. Mr. Vishavjeet Singh Virk, DAG, Punjab.

Mr. Anupinder Brar, Advocate, for Mr. Gurnoor Singh, Advocate, for respondent No.2. GURVINDER SINGH GILL, J. (Oral) 1.

The petitioners seek quashing of FIR No.69 dated 15.05.2023 registered at Police Station Sri Hargobindpur, Police District Batala, District Gurdaspur, under Section 336 IPC and Sections 25, 27, 54, 59 of the Arms Act and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties. 2.

Vide order dated 17.07.2023, 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 Ist Class, Batala, has been received, wherein it has been reported that the statements of accused/petitioner, namely, Satnam Singh as well as of complainant, namely, Nirmal Kaur VIMAL KUMAR 2024.03.19 16:59 I attest to the accuracy and integrity of this document

CRM-M-33994-2023 (O&M) -2have been recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant - Nirmal Kaur in her statement has stated that she has no objection in case the FIR in question is quashed. 5.

The learned Judicial Magistrate Ist Class, Batala, has specifically opined that the parties have entered into compromise without any 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.69 dated 15.05.2023 registered at Police Station Sri Hargobindpur, Police District Batala, District Gurdaspur, under Section 336 IPC and Sections 25, 27, 54, 59 of the Arms Act and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioner. 19.03.2024 (GURVINDER SINGH GILL) Vimal JUDGE Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No VIMAL KUMAR 2024.03.19 16:59 I attest to the accuracy and integrity of this document