High Court of Punjab and HaryanaCRM-M/37239/2019allowed

Gurmail Singh @ Prince v. State Of Punjab And Another

2019-11-26Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-37239-2019 (O&M) Date of Decision:-26.11.2019 Gurmail Singh @ Prince ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Jimmy Singla, Advocate for the petitioner. Ms. Rashmi Attri, Assistant Advocate General, Punjab. Mr. Jagjit Singh, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J .(Oral) The petitioner has approached this Court seeking quashing of FIR No.95 dated 10.7.2019 registered at Police Station Urban Estate, District Patiala under Sections 363 and 366-A of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. Vide order dated 5.9.2019, the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get their statements recorded qua the factum of compromise.

Report of learned Principal Magistrate, Juvenile Justice Board, Patiala has been received, wherein it has been reported that statements of PANKAJ KAKKAR 2019.11.27 11:14 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-37239-2019 (O&M) petitioner/accused Gurmail Singh @ Prince and also of complainant Neelam Malhotra and victim Prachi Malhotra have been recorded to the effect that they have compromised the matter amongst themselves. The complainant and victim in their statements have stated that they have no objection in case the FIR in question is quashed. The learned Principal Magistrate, Juvenile Justice Board, Patiala has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 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.95 dated 10.7.2019 registered at Police Station Urban Estate, District Patiala under Sections 363 and 366-A of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.

26.11.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2019.11.27 11:14 I attest to the accuracy and integrity of this document