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High Court of Punjab and HaryanaCRM-M/42129/2020allowed

Avtar Singh And ORS v. State Of Punjab And ANR

2021-03-19Mr. Justice Gurvinder Singh Gill2 pages

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-42129-2020 (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 petitioner. 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 FIR No.4, dated 10.1.2020, Police Station Bhadson, District Patiala, under Sections 406 and 420 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 petitioners/accused Avtar Singh, Sarabjit Kaur, Pargat Singh and also MOHAN SINGH 2021.03.19 18:17 I attest to the accuracy and integrity of this document

- 2 - CRM-M-42129-2020 (O&M) 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 FIR No.4, dated 10.1.2020, Police Station Bhadson, District Patiala, under Sections 406 and 420 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