Avtar Singh And ORS v. State Of Punjab And Another

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-42109-2020 (O&M) Date of Decision:- 19.3.2021 Avtar Singh and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Hardeep Singh, Advocate, for the petitioners. Mr. Ajay Pal Singh Gill, DAG, Punjab.

(Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners have approached this Court seeking quashing of DDR No.38, dated 15.9.2020, Police Station Bhadson, District Patiala arising out of FIR No.106, dated 15.9.2019, Police Station Bhadson, District Patiala, under Sections 452, 323, 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 16.12.2020, 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.

3.

Report of learned Judicial Magistrate 1st Class, Nabha, has been received, wherein it has been reported that the statements of MOHAN SINGH 2021.03.19 18:17 I attest to the accuracy and integrity of this document

- 2 - CRM-M-42109-2020 (O&M) petitioners/accused Avtar Singh, Sarabjit Kaur, Pargat Singh and also of complainant Jaswinder Kaur have been recorded to the effect that they have compromised the matter amongst themselves. 4.

The complainant Jaswinder Kaur in her statement had stated that she has no objection in case the FIR in question is quashed. 5.

The learned Judicial Magistrate 1st Class, Nabha, 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 DDR No.38, dated 15.9.2020, Police Station Bhadson, District Patiala arising out of FIR No.106, dated 15.9.2019, Police Station Bhadson, District Patiala, under Sections 452, 323, 506, 34 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

March 19, 2021 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2021.03.19 18:17 I attest to the accuracy and integrity of this document