Amit Kumar And Anr vs State Of Punjab And Another
2024 Latest Caselaw 6472 P&H

Punjab-Haryana High Court

Amit Kumar And Anr vs State Of Punjab And Another on 21 March, 2024

Author: Gurvinder Singh Gill

Bench: Gurvinder Singh Gill

                                                                                2024:PHHC:041477


                                   In The High Court for the States of Punjab and Haryana
                                                 At Chandigarh

                                                              CRM-M-53370-2023 (O&M)
                                                              Date of Decision:- 21.03.2024


                 Amit Kumar and another                                         ... Petitioners

                                                        Versus

                 State of Punjab and another                                    ... Respondents


                 CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

                 Present:-            Mr. Hitesh Kumar Sammi, Advocate, for the petitioners.

                                      Mr. Vishvajeet Singh Virk, DAG, Punjab.

                                      Mr. Ripudaman S. Brar, Advocatge for
                                      Mr. Om Malhan, Advocate, for respondent No.2.

                                      *****

                 GURVINDER SINGH GILL, J. (Oral)

1. Petitioners-Amit Kumar and Rohit Kumar have approached this Court

seeking quashing of FIR No.312, dated 20.11.2013, Police Station

Basti Bawa Khel, District Jalandhar, under Sections 323, 324, 341, 34

IPC as well as judgment of conviction dated 15.2.2023 passed by

learned Judicial Magistrate 1st Class, Jalandhar, and all subsequent

proceedings emanating therefrom on the basis of a compromise

having been effected between the parties.

2. Vide order dated 20.12.2023, 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.

integrity of this order/judgment CRM-M-53370-2023 (O&M) -2- 2024:PHHC:041477

3. Report of learned Additional Sessions Judge, Jalandhar, has been

received, wherein it has been reported that the statement of

petitioners/accused Amit Kumar, Rohit Kumar and complainant

Diwakar Chaudhary have been recorded to the effect that they have

compromised the matter amongst themselves.

4. The complainant Diwakar Chaudhary in his statement had stated that

he has no objection in case the FIR in question is quashed.

5. The learned Additional Sessions Judge, Jalandhar, 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.312, dated 20.11.2013, Police Station Basti

Bawa Khel, District Jalandhar, under Sections 323, 324, 341, 34 IPC

and all subsequent proceedings emanating therefrom are hereby

quashed qua the petitioners and judgment of conviction dated

15.2.2023 passed by learned Judicial Magistrate 1st Class, Jalandhar

are set aside and the petitioners are acquitted of the charges.

                 21.03.2024                                            (GURVINDER SINGH GILL)
                 mohan                                                         JUDGE

                                    Whether speaking /reasoned         Yes / No

                                    Whether Reportable                 Yes / No







integrity of this order/judgment