Darshan Singh v. State Of Punjab And Others

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-45504-2022 (O&M) Date of Decision:-14.8.2024 Darshan Singh and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Kuldip Singh, Advocate, for the petitioners.

Mr. Inderjeet Singh Ladher, DAG, Punjab.

Mr. Rhytham Bajaj, Advocate for Mr. Prince, Advocate for respondents No.2 and 3. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners seek quashing of FIR No.83, dated 23.5.2020 registered at Police Station Sadar Ferozepur, District Ferozepur, under Sections 307, 323, 324, 427, 506, 382, 148, 149 of Indian Penal Code, wherein offence under Sections 307, 382, 148 and 149 of IPC were deleted and Sections 325 and 34 of 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 16.2.2023, the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded qua GEETA RANI 2024.08.14 18:13 I attest to the accuracy and authenticity of this order/judgment

CRM-M-45504-2022 (O&M) ( 2 ) the factum of compromise.

3.

Report of learned Additional Chief Judicial Magistrate, Ferozepur has been received, wherein it has been reported that statements of petitioners/accused Darshan Singh, Baldev Singh, Baian Bai, Shinder Singh @ Gurcharan Singh, Neelam and also of respondents No.2 and 3 namely Bahal Singh and Sumitra Bai have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondents No.2 and 3 namely Bahal Singh and Sumitra Bai in their statements have stated that they have no objection in case the FIR in question is quashed.

5.

Learned Additional Chief Judicial Magistrate, Ferozepur 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.83, dated 23.5.2020 registered at Police Station Sadar Ferozepur, District Ferozepur, under Sections 307, 323, 324, 427, 506, 382, 148, 149 of Indian Penal Code, wherein offence under Sections 307, 382, 148 and 149 of IPC were deleted and Sections 325 and 34 of IPC and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. 14.8.2024 ( Gurvinder Singh Gill ) geeta Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No GEETA RANI 2024.08.14 18:13 I attest to the accuracy and authenticity of this order/judgment