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High Court of Punjab and HaryanaCRM-M/34862/2024allowed

Mejar Singh Alias Major Singh And ORS v. State Of Punjab And ANR

2024-10-24Mr. Justice Gurvinder Singh Gill2 pages

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-34862-2024 (O&M) Date of Decision:- 24.10.2024 Mejar Singh alias Major Singh and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Kushagra Mahajan, Advocate, for the petitioners. Mr. Japjot Singh, AAG, Punjab.

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

Petitioners-Mejar Singh @ Major Singh, Gurpreet Singh and Sawinder Singh @ Surinder Singh have approached this Court seeking quashing of FIR No.22, dated 11.05.2024, Police Station Jhander, District Amritsar, under Sections 323, 427, 452, 506, 34 IPC, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 23.07.2024, 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.

MOHAN SINGH 2024.10.25 11:22 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

CRM-M-34862-2024 (O&M) - 2 - 3.

Report of learned Judicial Magistrate 1st Class, Ajnala, has been received, wherein it has been reported that the statement of petitioners/accused Mejar Singh @ Major Singh, Gurpreet Singh, Sawinder Singh @ Surinder Singh and complainant Nishan Singh have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Complainant Nishan Singh in his statement had stated that he has no objection in case the FIR in question is quashed. 5.

The learned Judicial Magistrate 1st Class, Ajnala, 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.22, dated 11.05.2024, Police Station Jhander, District Amritsar, under Sections 323, 427, 452, 506, 34 IPC, and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners.

24.10.2024 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2024.10.25 11:22 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh