Tarlok Singh And ANR v. State Of Punjab And Another

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-35751-2020 (O&M) Date of Decision:- 4.3.2021 Tarlok Singh and another ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Gourave Bhayyia, Advocate, for the petitioners. Mr. Sandeep Kumar, DAG, Punjab, assisted by ASI Rakesh Kumar.

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

The petitioners have approached this Court seeking quashing of FIR No.70, dated 31.8.2020, Police Station Hajipur, District Hoshiarpur, under Section 379-B IPC and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 5.11.2020, 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, Mukerian, has been received, wherein it has been reported that the statements of petitioners/accused Tarlok Singh, Hardeep Singh and also of MOHAN SINGH 2021.03.04 17:38 I attest to the accuracy and integrity of this document

- 2 - CRM-M-35751-2020 (O&M) complainant Neelam have been recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant Neelam in her statement had stated that she has no objection in case the FIR in question is quashed. 5.

The learned Judicial Magistrate 1st Class, Mukerian, 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.70, dated 31.8.2020, Police Station Hajipur, District Hoshiarpur, under Section 379-B IPC and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. March 4, 2021 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2021.03.04 17:38 I attest to the accuracy and integrity of this document