Gursewak Singh And Others v. State Of Punjab And Another

CRM-M-43183-2024
















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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-43183-2024 Date of decision: 01.10.2024 GURSEWAK SINGH AND OTHERS

...Petitioner(s)

VERSUS

STATE OF PUNJAB AND ANOTHER

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE N. S. SHEKHAWAT

Present:

Ms. Gurpreet Kaur, Advocate for the petitioner(s).

Mr. Deepinder Brar, Sr. DAG, Punjab.

Mr. Jagpal Singh, Advocate for respondent No.2.

**** N. S. SHEKHAWAT, J. (Oral) The instant petition has been filed under Section 482 of Cr.P.C. for quashing of FIR No. 89 dated 20.05.2024 under Sections 326, 323, 506 and 34 of IPC registered at Police Station Ajnala, District Amritsar Rural (Annexure P-1) alongwith all the consequential proceedings arising therefrom on the basis of compromise (Annexure P-2).

Vide order dated 04.09.2024 while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise (Annexure P-2).

Pursuant to aforesaid order, the parties have appeared before the Sub Divisional Judicial Magistrate, Ajnala and got their statements recorded. MAMTA 2024.10.01 18:26 I attest to the accuracy and integrity of this order/judgment

CRM-M-43183-2024
















Report dated 24.09.2024 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence. I have heard counsel for the parties and gone through the case file. In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioners.

Resultantly, FIR No. 89 dated 20.05.2024 under Sections 326, 323, 506 and 34 of IPC registered at Police Station Ajnala, District Amritsar Rural (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioners.

(N. S. SHEKHAWAT) 01.10.2024 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MAMTA 2024.10.01 18:26 I attest to the accuracy and integrity of this order/judgment