Citation : 2024 Latest Caselaw 7423 P&H
Judgement Date : 8 April, 2024
2024:PHHC:047551
In The High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-10774-2024 (O&M)
Date of Decision:- 08.04.2024
Verinder Kumar and another ... Petitioners
Versus
State of Punjab and another ... Respondents
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Dr. Rau P.S.Girwar and Ms. Archana Arora, Advocates,
for the petitioners.
Mr. Vishvajeet Singh Virk, DAG, Punjab.
Mr. Dhruv Kaushik, Advocate for
Mr. Vikas Singh, Advocate, for respondent No.2.
*****
GURVINDER SINGH GILL, J. (Oral)
1. Petitioners-Verinder Kumar and Pushpa Rani have approached this
Court seeking quashing of FIR No.80, dated 05.09.2016, Police
Station Cantt, Bathinda, under Sections 324, 323, 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 01.03.2024, 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.
3. Report of learned Judicial Magistrate 1st Class, Bathinda, has been
received, wherein it has been reported that the statement of
petitioners/accused Verinder Kumar, Pushpa Rani and complainant
integrity of this order/judgment CRM-M-10774-2024 (O&M) -2- 2024:PHHC:047551
Avinash Kumar Tiwari have been recorded to the effect that they have
compromised the matter amongst themselves.
4. Complainant-Avinash Kumar Tiwari in his statement had stated that
he has no objection in case the FIR in question is quashed.
5. The learned Judicial Magistrate 1st Class, Bathinda, 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.80, dated 05.09.2016, Police Station Cantt,
Bathinda, under Sections 324, 323, 148, 149 IPC and all subsequent
proceedings emanating therefrom are hereby quashed qua the
petitioners.
08.04.2024 (GURVINDER SINGH GILL)
mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
integrity of this order/judgment
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