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High Court of Punjab and HaryanaCRM-M/42923/2020allowed

Baljit Singh And Others v. State Of Punjab And Another

2021-04-07Mr. Justice Amol Rattan Singh3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** Date of Decision: 07.04.2021 Baljit Singh and others ....Petitioners

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MR. JUSTICE AMOL RATTAN SINGH Present :

Mr. Gurbir Singh Sidhu, Advocate, for the applicants/petitioners.

Mr. Sandeep Singh Deol, DAG, Punjab.

Mr. Mohit Kumar, Advocate, for respondent no.2.

AMOL RATTAN SINGH , J. (Oral) Case heard via video conferencing.

CRM-10273-2021 By this application, advancement of the date of hearing is sought in the accompanying petition which is one seeking quashing of the FIR in question on the basis of a compromise stated to have been arrived at between the parties.

Pursuant to the order of this Court dated 21.12.2020, a report of the learned JMIC, Malerkotla, dated 01.02.2021, being on record. The matter had been adjourned on 22.02.2021 as no power of attorney had been filed by counsel appearing for respondent no.2, which has since been filed. Notice in the application.

Mr. Sandeep Singh Deol, learned DAG, Punjab, accepts notice

-2at the asking of the court on behalf of the respondent State, with Mr. Mohit Kumar, Advocate appearing for respondent no.2. In view of the above, the application is allowed and the date of hearing in the accompanying petition is advanced to today itself. This petition has been filed seeking quashing, on the basis of a compromise arrived at between the petitioner and respondent no.2, of FIR no.0033 dated 31.05.2019 (as also all other subsequent proceedings arising therefrom), registered at Police Station Sandhaur, District Sangrur, for the alleged commission of offences punishable under Sections 323, 341, 506 and 34 of the IPC (with Section 325 of the IPC having been added lateron). A copy of the compromise deed has been annexed as Annexure P-2 with the petition.

As per the aforesaid report of the learned JMIC, Malerkotla, the statements of the affected person, i.e. respondent no.2-Sehajpreet Singh @ Sehaj (the complainant in the FIR), as also of the accused, i.e. the petitioners, Baljit Singh, Lakhwinder Singh @ Lakhi, Jagtar Singh @ Tari and Amarjit Singh @ Jeeta, were recorded before that court on 11.01.2021, to the effect that the matter has been compromised between the parties with respondent no.2 also having stated that the FIR may be quashed. As per the assessment of that court, the compromise arrived at between them is without any undue influence, pressure or coercion.

As per the statement of the investigating officer before that court, there was no other person involved in the occurrence in the FIR and no other criminal case, of like nature or otherwise, was pending against any

-3of the accused persons.

That being so, also looking at the nature of the offences alleged to have been committed, the present petition is allowed and FIR no.0033 dated 31.05.2019 (as also all other subsequent proceedings arising therefrom), registered at Police Station Sandhaur, District Sangrur, for the alleged commission of offences punishable under Sections 323, 341, 506 and 34 of the IPC (with Section 325 of the IPC having been added lateron), is hereby quashed.

(AMOL RATTAN SINGH) JUDGE 07.04.2021 adhikari Whether speaking/non-speaking :

Yes/No Whether reportable :

Yes/No