Som Lal And Others v. State Of Punjab And ORS.

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-37823-2024 (O&M) Date of Decision:-13.12.2024 Som Lal and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Mr. Prince Pushpinder Rana, Advocate for the petitioners. Mr. Japjot Singh, AAG, Punjab.

Mr. Manjinder Singh Saini, Advocate, for respondents No.2 to 5.

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

The petitioners seek quashing of DDR No.41, dated 13.7.2023 registered at Police Station Garhshankar, under Sections 323, 324, 34, 506 of Indian Penal Code in FIR No.110, dated 6.7.2023 registered at Police Station Garhshankar, District Hoshiarpur under Sections 323, 324, 34 of Indian Penal Code, wherein offence under Section 326 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 5.8.2024, 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.

Pankaj Kakkar 2024.12.13 17:02 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh

CRM-M-37823-2024 (O&M) ( 2 ) 3.

Report of learned Sub Divisional Judicial Magistrate, Garhshankar has been received, wherein it has been reported that joint statement of petitioners/accused Som Lal, Harsh, Sajjan, Kamal Lal and also joint statement of respondents No.2 to 5 namely Naumi Dass, Neeraj Kumar, Harjit Singh, Manpreet Singh have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondents No.2 to 5 namely Naumi Dass, Neeraj Kumar, Harjit Singh, Manpreet Singh in their statements have stated that they have no objection in case the FIR in question is quashed.

5.

Learned Sub Divisional Judicial Magistrate, Garhshankar 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 DDR No.41, dated 13.7.2023 registered at Police Station Garhshankar, under Sections 323, 324, 34, 506 of Indian Penal Code in FIR No.110, dated 6.7.2023 registered at Police Station Garhshankar, District Hoshiarpur under Sections 323, 324, 34 of Indian Penal Code, wherein offence under Section 326 IPC was added later on, and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. 13.12.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.12.13 17:02 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh