Jatinder Kumar And Others v. State Of Punjab And Others

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-36197-2023 (O&M) Date of Decision:-30.7.2024 Jatinder Kumar and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Yajur Sharma, Advocate for the petitioners. Mr. K.S. Dhindsa, AAG, Punjab.

Mr. Randeep Singh Mangat, Advocate, for respondents No.2 & 3.

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

The petitioners seek quashing of FIR No.31, dated 26.3.2018 registered at Police Station Islamabad, District Amritsar, under Sections 451, 323, 324 read with Section 34 of Indian Penal Code, wherein offence under Section 201 IPC was added later on, and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties.

2.

Vide order dated 27.7.2023, 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, Amritsar has been received, wherein it has been reported that joint statements of petitioners/accused Pankaj Kakkar 2024.07.30 16:30 I attest to the accuracy and authenticity of this document

CRM-M-36197-2023 (O&M) ( 2 ) Jatinder Kumar, Ravi Pal, Mohit Kumar @ Monty and also of respondents No.2 & 3 namely Surinder Singh @ Vicky and Subegh Singh have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondent No.2 & 3 namely Surinder Singh @ Vicky and Subegh Singh in their statements have stated that they have no objection in case the FIR in question is quashed.

5.

Learned Judicial Magistrate 1st 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.31, dated 26.3.2018 registered at Police Station Islamabad, District Amritsar, under Sections 451, 323, 324 read with Section 34 of Indian Penal Code, wherein offence under Section 201 IPC was added later on and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

30.7.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.07.30 16:30 I attest to the accuracy and authenticity of this document