Gurpreet Singh Kanger And ORS v. State Of Punjab And Others

CRM-M-37726 of 2020 (O&M) #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-37726 of 2020 (O&M) Date of Decision: 11.12.2020 Gurpreet Singh Kanger and Ors.

......Petitioners

Versus

State of Punjab and Ors.

.....Respondent CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. APS Deol, Sr. Advocate with Mr. Himmat Singh Deol, Advocate for the petitioners. Mr. Sukhbir Singh, AAG, Punjab.

Mr. A.S. Brar, Advocate for respondent Nos.2 to 7. HARINDER SINGH SIDHU, J Petitioners have filed this petition under Section 482 Cr.P.C. for quashing of FIR No.4 dated 11.01.2012 under Sections 307,382,341,506,427,148,149 IPC and Sections 25,27,54,59 of the Arms Act registered at P.S Dayalpura, District Bathinda and all other consequential proceedings arising out of the said FIR, as the matter stands amicably settled in terms of compromise entered into between the parties.. Notice of motion was issued. Learned State counsel as well as learned counsel for respondent Nos.2 to 7 appeared. It is pointed out that though earlier Section 307 IPC & Section 382 IPC were deleted vide DDR No.11 dated 12.01.2012 & DDR No.24 dated 21.01.2012 respectively, however, Section 307 IPC has again been added in the challan.

I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. Incident in the case in hand pertains to the year 2012. No injury as has been stated by learned counsel for the parties, was sustained by MANOJ KUMAR 2020.12.11 18:20 I attest to the accuracy and integrity of this document

CRM-M-37726 of 2020 (O&M) #2# any of the parties.

Vide order dated 17.11.2020, the parties were directed to appear before the trial Court for getting their statements recorded with regard to the compromise.

A report dated 03.12.2020 of learned Addl. Sessions Judge, Bathinda has been received. As per the report, the parties had appeared before learned ASJ, Bathinda and got recorded their statements regarding compromise. Learned Addl. Sessions Judge has stated that he is of the considered view that the compromise between the parties is valid, genuine, voluntary and without any coercion or undue influence. Keeping in view the above facts, I am of the considered opinion that it is a fit case in which the impugned FIR is liable to be quashed. Therefore, the present petition is allowed. FIR No.4 dated 11.01.2012 under Sections 307,341,506,427,148,149 IPC and Sections 25,27,54,59 of the Arms Act registered at P.S Dayalpura, District Bathinda, along with all subsequent proceedings arising therefrom, are hereby quashed qua the petitioners.

December 11, 2020 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2020.12.11 18:20 I attest to the accuracy and integrity of this document