Balkaur Singh And Others v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-33443-2024 (O&M) Date of Decision:-13.9.2024 Balkaur Singh and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Mandeep Singh, Advocate, for the petitioners.

Mr. Siddharth Attri, AAG, Punjab.

Mr. Abhishek Pawar, Advocate for Mr. Digvijay Nagpal, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J . (Oral) CRM-35703-2024 In view of the reasons mentioned in the application, the same is allowed and the hearing of the main petition is preponed from 29.10.2024 and is taken on board today.

CRM-M-33443-2024 (Main C ase) 1.

The petitioners seek quashing of FIR No.55, dated 5.5.2020 registered at Police Station Jhunir, District Mansa, Punjab, under Sections 341, 323, 34 of Indian Penal Code, wherein offence under Section 325 of Indian Penal Code was added later on and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties. GEETA RANI 2024.09.13 16:10 I attest to the accuracy and authenticity of this document

CRM-M-33443-2024 (O&M) ( 2 ) 2.

Vide order dated 16.7.2024, the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Judicial Magistrate 1st Class, Sardulgarh has been received, wherein it has been reported that joint statement of petitioners/accused Balkaur Singh, Arshdeep Singh @ Arshu, Gagandeep Singh @ Gaggi, Dhrampreet Singh @ Dharmu and also statement of respondent No.2 Harpreet Singh have been recorded to the effect that they have compromised the matter amongst themselves. 4.

Respondent No.2 namely Harpreet 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, Sardulgarh 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 FIR No.55, dated 5.5.2020 registered at Police Station Jhunir, District Mansa, Punjab, under Sections 341, 323, 34 of Indian Penal Code, wherein offence under Section 325 of Indian Penal Code was added later and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. 13.9.2024 ( Gurvinder Singh Gill ) Geeta Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No GEETA RANI 2024.09.13 16:10 I attest to the accuracy and authenticity of this document