Harjinder Singh And ORS. v. State Of Punjab And Another

2024:PHHC:053248 [208]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-52283-2023 Date of Decision : 20.04.2024 Harjinder Singh and others

...Petitioners

versus State of Punjab and another ....Respondents Coram :

HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Mr. Anoop Singla, Advocate, for the petitioner. Mr. Vinay Kumar Malhotra, DAG, Punjab.

Mr. Charanpuneet Singh, Advocate, for respondent No.2. *** GURVINDER SINGH GILL, J. (ORAL) [1] The petitioners seek quashing of FIR No.98 dated 03.06.2023 registered under Sections 406, 420, 120-B of IPC at Police Station City Jagraon, District Ludhiana and all subsequent proceedings emanating therefrom on the basis of a compromise dated 25.08.2023 (Annexure P-3) stated to have been effected between the parties. [2] Vide order dated 20.10.2023, 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 Sub Divisional Judicial Magistrate, Jagraon, has been received, wherein it has been reported that the statements of accused/petitioners, namely, Ramandeep Singh s/o Harjinder Singh, Gurpreet Kaur w/o Harjinder Singh and Harjinder Singh s/o Pal Singh as well as of complainant Gurvinder Kaur w/o Dhalwinder Singh have been recorded to the effect that they have compromised the matter amongst themselves.

RAJNEESH SHARMA 2024.04.20 03:16 I attest to the accuracy and integrity of this document

2024:PHHC:053248 CRM-M-52283-2023 -2- [4] The complainant- Gurvinder Kaur in her statement has stated that he has no objection in case the FIR in question is quashed. [5] The learned Sub Divisional Judicial Magistrate, Jagraon, has specifically opined that the parties have entered into compromise without any 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.98 dated 03.06.2023 registered under Sections 406, 420, 120-B of IPC at Police Station City Jagraon, District Ludhiana and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners.

(GURVINDER SINGH GILL) JUDGE 20.04.2024 'R. Sharma'

Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No RAJNEESH SHARMA 2024.04.20 03:16 I attest to the accuracy and integrity of this document