Happy And Others v. State Of Punjab And Others

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-40353-2019 (O&M) Date of Decision:-22.7.2022 Happy and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Shivender Pal, Advocate for Mr. Brijeshwar Singh Bhalla, Advocate for the petitioners. Mr. Luvinder Sofat, AAG, Punjab.

Mr. Nitin Rathour, Advocate for respondents No.2 and 3. ***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioners have approached this Court seeking quashing of FIR No.149 dated 19.6.2019, Police Station City Moga, District Moga, under Sections 379-B, 341, 427, 148 and 149 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Vide order dated 10.2.2020, the parties had been directed to appear before the Illaqa Magistrate so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Chief Judicial Magistrate, Moga has been received, wherein it has been reported that statements of petitioners/accused Happy, Varinder Singh, Shiva Sharma and also of respondent No.2-Gagandeep Singh @ Ranjit Singh and respondent No.3-Pardeep Kumar have been PANKAJ KAKKAR 2022.07.22 16:52 I attest to the authenticity and integrity of this document

( 2 ) CRM-M-40353-2019 (O&M) recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondent No.2-Gagandeep Singh @ Ranjit Singh and respondent No.3Pardeep Kumar in their statements have stated that they have no objection in case the FIR in question is quashed.

5.

Learned Chief Judicial Magistrate, Moga 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 FIR No.149 dated 19.6.2019, Police Station City Moga, District Moga, under Sections 379-B, 341, 427, 148 and 149 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

22.7.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2022.07.22 16:52 I attest to the authenticity and integrity of this document