Malkit Singh And Another v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-43422-2023 (O&M) Date of Decision:-17.12.2024 Malkit Singh and another ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Mr. B.S. Mann, Advocate for the petitioners.

Mr. Japjot Singh, AAG, Punjab.

Mr. K.S. Rawat, Advocate for respondents No.2 and 3. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners seek quashing of FIR No.61, dated 3.6.2016 registered at Police Station Phase-11, SAS Nagar, Mohali under Sections 408, 418, 120-B of Indian Penal Code, wherein offences under Sections 381, 465, 467, 468, 471 IPC were added later on, and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties.

2.

Vide order dated 7.12.2023, 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 Additional Chief Judicial Magistrate-cum-Civil Judge (Senior Division), SAS Nagar Mohali has been received, wherein it has been GEETA RANI 2024.12.18 12:05 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CRM-M-43422-2023 (O&M) ( 2 ) reported that statements of petitioners/accused Malkit Singh, Gurmeet Singh and also of respondents No.2 and 3 namely Gurcharan Kaur and Partap Singh have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondents No.2 and 3 namely Gurcharan Kaur and Partap Singh in their statements have stated that they have no objection in case the FIR in question is quashed.

5.

Learned Additional Chief Judicial Magistrate-cum-Civil Judge (Senior Division), SAS Nagar Mohali 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.61, dated 3.6.2016 registered at Police Station Phase-11, SAS Nagar, Mohali under Sections 408, 418, 120-B of Indian Penal Code, wherein offences under Sections 381, 465, 467, 468, 471 IPC were added later on, and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

17.12.2024 ( Gurvinder Singh Gill ) Geeta/P Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No GEETA RANI 2024.12.18 12:05 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh