Gurcharan Singh And Another v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-42823-2021 (O&M) Date of Decision:-8.7.2022 Gurcharan Singh and another ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Digvijay Nagpal, Advocate for the petitioners. Mr. Luvinder Sofat, AAG, Punjab.

Ms. Avneet Kaur, Advocate for Mr. Sanjeev Kumar, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioners have approached this Court seeking quashing of FIR No.0211 dated 23.12.2019, Police Station Jaito, District Faridkot under Sections 420, 406 and 473 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Vide order dated 11.10.2021, 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 Sub Divisional Judicial Magistrate, Jaitu has been received, wherein it has been reported that statements of petitioners/accused Gurcharan Singh and Nahar Singh and also of respondent No.2-Jasvir Singh PANKAJ KAKKAR 2022.07.08 18:21 I attest to the authenticity and integrity of this document

( 2 ) CRM-M-42823-2021 (O&M) have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondents No.2-Jasvir Singh in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

Learned Sub Divisional Judicial Magistrate, Jaitu 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.0211 dated 23.12.2019, Police Station Jaito, District Faridkot under Sections 420, 406 and 473 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. 8.7.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2022.07.08 18:21 I attest to the authenticity and integrity of this document