Bakshish Singh And Others v. State Of Punjab And Others

2024:PHHC:044948 In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-43063-2023 (O&M) Date of Decision:-3.4.2024 Bakshish Singh and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Kamal Narula, Advocate for the petitioners. Mr. Vishavjeet Singh Virk, DAG, Punjab.

Mr. P.S. Chahal, Advocate for Mr. Munish Gulati, Advocate for respondents No.2 and 3. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners seek quashing of FIR No.127, dated 22.7.2021 registered at Police Station Guruharshai, under Sections 420, 120-B of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties. 2.

Vide order dated 31.8.2023, the parties had been directed to appear before the Trial Court/Duty Magistrate so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Sub Divisional Judicial Magistrate, Guruharsahai has been received, wherein it has been reported that joint statements of petitioners/accused Bakshish Singh, Mal Singh, Manjit Singh and also of Pankaj Kakkar 2024.04.03 18:12 I attest to the accuracy and authenticity of this document

CRM-M-43063-2023 (O&M) ( 2 ) 2024:PHHC:044948 respondents No.2 and 3 namely Jagir Chand and Parkash Kaur have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondents No.2 and 3 namely Jagir Chand and Parkash Kaur in their statements have stated that they have no objection in case the FIR in question is quashed.

5.

Learned Sub Divisional Judicial Magistrate, Guruharsahai 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 FIR No.127, dated 22.7.2021 registered at Police Station Guruharshai, under Sections 420, 120-B of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. 3.4.2024 ( Gurvinder Singh Gill ) geeta/p Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.04.03 18:12 I attest to the accuracy and authenticity of this document