Vikas Mashi And Others v. State Of Punjab And Others

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 16.12.2024 Vikas Masih and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Nitin Sharma, Advocate, for the petitioners. Mr. Japjot Singh, AAG, Punjab.

Ms. Vaishali Thakur, Advocate for Mr. Balbir Singh Jaswal, Advocate, for respondents No.2 to 6. ***** GURVINDER SINGH GILL , J . (Oral) 1.

Petitioners-Vikas Masih, Patras Masih, Jaspal Masih, Amarjit Kaur, Sarbjit Kaur, Sarbjit Kaur, Balwinder Masih, Inderjit Masih and Jons Masih have approached this Court seeking quashing of DDR No.19, dated 02.10.2021, under Sections 341, 323, 506, 148, 149 IPC (Section 325 IPC added later on) arising out of FIR No.75, dated 02.10.2021, Police Station Mattewal, District Amritsar Rural, under Sections 323, 324, 148, 149 IPC, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

- 2 - 2.

Vide order dated 31.07.2024, 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.

3.

Report of learned Judicial Magistrate 1st Class, Baba Bakala Sahib, District Amritsar, has been received, wherein it has been reported that the statement of petitioners/accused Vikas Masih, Patras Masih, Jaspal Masih, Amarjit Kaur, Sarbjit Kaur, Sarbjit Kaur, Balwinder Masih, Inderjit Masih and Jons Masih and complainant/victims Ajay Masih, Vijay Masih, Kewal Masih, Akas Masih, Kuldeep Kaur have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Complainant/victims Ajay Masih, Vijay Masih, Kewal Masih, Akas Masih and Kuldeep Kaur in their statement had stated that they have no objection in case the FIR in question is quashed. 5.

The learned Judicial Magistrate 1st Class, Baba Bakala Sahib, District Amritsar, 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.19, dated 02.10.2021, under Sections 341, 323, 506, 148, 149 IPC (Section 325 IPC added later on) arising out

- 3 - of FIR No.75, dated 02.10.2021, Police Station Mattewal, District Amritsar Rural, under Sections 323, 324, 148, 149 IPC, and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners.

16.12.2024 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No