Jagdish Singh And ANR v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-52145-2019 Date of decision:13.3.2020 JAGDISH SINGH AND ANR .....Petitioners

Versus

STATE OF PUNJAB AND ANR .....Respondents **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. Mohammad Yousaf, Advocate for the petitioners.

Ms. Rashmi Attri, AAG, Punjab.

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

The petitioners seek quashing of FIR No.82 dated 11.5.2019 under Sections 323, 324, 326, 506, 34 IPC Police Station Passiana, District Patiala and proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Vide order dated 6.12.2019 the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded as regards genuineness of the compromise.

3.

Report of learned Judicial Magistrate 1st Class, Patiala has been received, GAURAV SOROT 2020.03.13 16:35 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-52145-2019 wherein it has been reported that statements of petitioner/accused and also of complainant-Baljit Singh have been recorded to the effect that they have compromised the matter amongst themselves. 4.

The complainant in his statement has specifically stated that he has no objection in case the FIR in question is quashed. 5.

The learned Judicial Magistrate 1st Class, Patiala has specifically opined that the compromise appears to be genuine, voluntary and 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 petition is allowed and FIR No.82 dated 11.5.2019 under Sections 323, 324, 326, 506, 34 IPC Police Station Passiana, District Patiala and all the consequent proceedings arising therefrom are hereby quashed qua the petitioners. ( GURVINDER SINGH GILL) 13.3.2020 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2020.03.13 16:35 I attest to the accuracy and integrity of this document