Jaspal Singh And Others v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-44776-2019 (O&M) Date of Decision:-4.3.2020 Jaspal Singh and another ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Rajan Singh Dadwal, Advocate for the petitioners. Mr. Randhir Singh Thind, Deputy Advocate General, Punjab. Mr. Umesh Kumar Kanwar, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J .(Oral) The petitioners have approached this Court seeking quashing of FIR No.107 dated 6.7.2018 registered at Police Station Hathur, District Ludhiana Rural under Sections 380 and 427 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. Vide order dated 19.10.2019, the parties had been directed to appear before the Trial Court so as to get their statements recorded qua the factum of compromise.

Report of learned Judicial Magistrate 1st Class, Jagraon has been received, wherein it has been reported that statements of petitioners/accused Jaspal Singh, Binder Kaur @ Baljinder Kaur, Sukhmail Singh @ Sukha Singh and Shinder Singh @ Shinda Singh and also of complainant Sarban Singh have been recorded to the effect that they have PANKAJ KAKKAR 2020.03.04 15:46 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-44776-2019 (O&M) compromised the matter amongst themselves with the intervention of respectables.

The complainant Sarban Singh in his statement has stated that he has no objection in case the FIR in question is quashed. The learned Judicial Magistrate 1st Class, Jagraon 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 FIR No.107 dated 6.7.2018 registered at Police Station Hathur, District Ludhiana Rural under Sections 380 and 427 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

4.3.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2020.03.04 15:46 I attest to the accuracy and integrity of this document