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High Court of Punjab and HaryanaCRM-M/35044/2023allowed

Jaspal Singh And ANR. v. State Of Punjab And Another

2024-08-21Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-35044-2023 (O&M) Date of Decision:-21.8.2024 Jaspal Singh and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

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

Mr. Inderjeet Singh Ladher, DAG, Punjab.

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

The petitioners seek quashing of FIR No.0198, dated 26.8.2021 registered at Police Station Cantonment, District Police Commissionerate Amritsar, under Sections 447, 427 and 120-B of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties.

2.

Vide order dated 1.2.2024, 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.

GEETA RANI 2024.08.21 18:41 I attest to the accuracy and authenticity of this document

CRM-M-35044-2023 (O&M) ( 2 ) 3.

Report of learned Judicial Magistrate Ist Class, Amritsar has been received, wherein it has been reported that statements of petitioners/accused Jaspal Singh, Gurbhej Singh and also of respondent No.2 namely Harpreet Kaur have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondent No.2 namely Harpreet Kaur in her statement has stated that she has no objection in case the FIR in question is quashed. 5.

Learned Judicial Magistrate, Ist Class, Amritsar 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.0198, dated 26.8.2021 registered at Police Station Cantonment, District Police Commissionerate Amritsar, under Sections 447, 427 and 120-B of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

21.8.2024 ( Gurvinder Singh Gill ) geeta Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No GEETA RANI 2024.08.21 18:41 I attest to the accuracy and authenticity of this document