Jasvir Singh @ Ghugi And ORS. v. State Of Punjab And Another

2024:PHHC:054927 In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-62973-2023 (O&M) Date of Decision:-23.4.2024 Jasvir Singh @ Ghugi and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Rahul Sharma, Advocate for the petitioners. Mr. Vishavjeet Singh Virk, DAG, Punjab.

Mr. Amit K. Verma, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners seek quashing of FIR No.0094, dated 15.6.2022 registered at Police Station Sadar Khanna, District Khanna, under Sections 457 and 380 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties.

2.

Vide order dated 5.2.2024, the parties had been directed to appear before the Illaqa/Duty Magistrate so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Judicial Magistrate 1st Class, Khanna has been received, wherein it has been reported that statements of petitioners/accused Jasvir Singh @ Ghugi, Jaspreet Singh @ Mathi, Parminder Singh @ Gora, Pankaj Kakkar 2024.04.24 14:03 I attest to the accuracy and authenticity of this document

CRM-M-62973-2023 (O&M) ( 2 ) 2024:PHHC:054927 Dharminder Singh @ Mindi and Pawan Kumar and also of respondent No.2 namely Rajat Kumar have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondent No.2 namely Rajat Kumar in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

Learned Judicial Magistrate 1st Class, Khanna has specifically opined that the parties have entered into compromise voluntarily and without any 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.0094, dated 15.6.2022 registered at Police Station Sadar Khanna, District Khanna, under Sections 457 and 380 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

23.4.2024 ( Gurvinder Singh Gill ) geeta/p Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.04.24 14:03 I attest to the accuracy and authenticity of this document