Bhagwan Singh And Another v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-38654-2019 (O&M) Date of Decision:-12.3.2020 Bhagwan Singh and another ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Karan Raj Singh, Advocate for the petitioners. Ms. Rashmi Attri, Assistant Advocate General, Punjab. Mr. Saurabh Kaushik, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J .(Oral) The petitioners have approached this Court seeking quashing of DDR No.19 dated 2.4.2014 (Annexure P-2) registered at Police Station Bhadson in FIR No.97 dated 23.12.2014 registered at Police Station Bhadson, District Patiala (Punjab) under Sections 323, 325 and 326 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. Vide order dated 17.9.2019, 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.

Report of learned Judicial Magistrate 1st Class, Nabha has been received, wherein it has been reported that statements of petitioners/accused Bhagwan Singh and Varinder Singh and also of complainant Gurpreet Singh PANKAJ KAKKAR 2020.03.12 18:09 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-38654-2019 (O&M) have been recorded to the effect that they have compromised the matter amongst themselves.

The complainant Gurpreet Singh in his statement has stated that he has no objection in case the DDR in question is quashed. 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. 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 2.4.2014 (Annexure P-2) registered at Police Station Bhadson in FIR No.97 dated 23.12.2014 registered at Police Station Bhadson, District Patiala (Punjab) under Sections 323, 325 and 326 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

12.3.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2020.03.12 18:09 I attest to the accuracy and integrity of this document