Makhan Lal And ORS v. State Of Punjab And Others

2024:PHHC:014111 In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-56699-2023 (O&M) Date of Decision:- 01.02.2024 Makhan Lal and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Saurav Bhatia, Advocate, for the petitioners. Mr. Ravinder Singh, AAG, Punjab.

Mr. Kuljinder Singh Billing, Advocate, for respondents No.2 and 3.

***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners-Makhan Lal, Sohan Lal, Piyar Kaur, Malkiat Singh, Kamlesh Kaur, Meena Rani and Atul Kumar Daroach have approached this Court seeking quashing of FIR No.36 dated 16.05.2023, Police Station Rahon, District Shaheed Bhagat Singh Nagar, under Sections 323, 324, 341, 506, 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 09.11.2023, the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded qua the factum of compromise.

MOHAN SINGH 2024.02.01 17:11 I attest to the accuracy and authenticity of this order/judgment

CRM-M-56699-2023 (O&M) - 2 - 2024:PHHC:014111 3.

Report of learned Additional Chief Judicial Magistrate, Shaheed Bhagat Singh Nagar, has been received, wherein it has been reported that the statements of petitioners/accused Makhan Lal, Sohan Lal, Piyar Kaur, Malkiat Singh, Kamlesh Kaur, Meena Rani and Atul Kumar Daroach and complainant/injured Amandeep Singh and Jarnail Singh have been recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant/injured Amandeep Singh and Jarnail Singh in their statement had stated that they have no objection in case the FIR in question is quashed.

5.

The learned Additional Chief Judicial Magistrate, Shaheed Bhagat Singh Nagar, 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.36 dated 16.05.2023, Police Station Rahon, District Shaheed Bhagat Singh Nagar, under Sections 323, 324, 341, 506, 148, 149 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners. 01.02.2024 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2024.02.01 17:11 I attest to the accuracy and authenticity of this order/judgment