Kashmir Singh And ORS v. State Of Punjab And ORS

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-45065-2019 (O&M) Date of Decision:-22.7.2022 Kashmir Singh and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Birinder Singh Khehar, Advocate for the petitioners. Mr. Luvinder Sofat, AAG, Punjab.

Mr. Pardeep Kumar, Advocate for Mr. Vicky Sharma, Advocate for respondents No.2 and 3. ***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioners have approached this Court seeking quashing of FIR No.7 dated 30.1.2019, Police Station City Morinda, District Rupnagar, under Sections 379, 420 and 34 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Vide order dated 22.10.2019, the parties had been directed to appear before the Illaqa Magistrate/Trial Court so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Judicial Magistrate 1st Class, Rupnagar has been received, wherein it has been reported that statements of petitioner/accused Kashmir Singh, Gurjeet Singh, Paramjit Kaur and also of respondent No.2-Sangat PANKAJ KAKKAR 2022.07.22 16:53 I attest to the authenticity and integrity of this document

( 2 ) CRM-M-45065-2019 (O&M) Singh and respondent No.3-Parminder Singh have been recorded to the effect that they have compromised the matter amongst themselves. 4.

Respondent No.2-Sangat Singh and respondent No.3-Parminder Singh in their joint statement have stated that they have no objection in case the FIR in question is quashed.

5.

Learned Judicial Magistrate 1st Class, Rupnagar 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.7 dated 30.1.2019, Police Station City Morinda, District Rupnagar, under Sections 379, 420 and 34 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 16:53 I attest to the authenticity and integrity of this document