Jagdeep Singh And ORS v. State Of Punjab And ORS

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 14.1.2021 Jagdeep Singh and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Manjinder Singh Saini, Advocate, for the petitioners. Mr. Ajay Pal Singh Gill, DAG, Punjab.

Mr. Jaskamal Singh Grewal, Advocate, for respondents No.2 to 5.

(Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) CRM-509-2021 In view of the reasons mentioned in the application, the same is allowed and the matter is preponed from 16.3.2021 and is taken on Board today itself.

CRM-M-45303-2019 (O&M) 1.

The petitioners have approached this Court seeking quashing of DDR No.2, dated 22.9.2019, under Sections 323, 324, 341, 427, 148, 149

- 2 - IPC in FIR No.165, dated 22.9.2019, Police Station Fatehgarh Sahib, District Fatehgarh Sahib, under Sections 323, 324, 427, 148, 149 IPC and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 20.1.2020, 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, Fatehgarh Sahib, has been received, wherein it has been reported that the statements of petitioners/accused Jagdeep Singh, Baljeet Singh @ Lovely, Ranjit Singh, Paramjit Singh and also of complainant/eye witness/injured Simratpal Singh, Amrinder Singh, Bakshish Singh, Amritpal Singh have been recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant/eye witness/injured Simratpal Singh, Amrinder Singh, Baljit Singh, Amritpal Singh in their statement has stated that they have no objection in case the FIR in question is quashed. 5.

The learned Judicial Magistrate 1st Class, Fatehgarh Sahib, 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

- 3 - is allowed and DDR No.2, dated 22.9.2019, under Sections 323, 324, 341, 427, 148, 149 IPC in FIR No.165, dated 22.9.2019, Police Station Fatehgarh Sahib, District Fatehgarh Sahib, under Sections 323, 324, 427, 148, 149 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. January 14, 2021 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No