Punjab-Haryana High Court
Kuldeep Singh vs State Of Punjab And Anr on 25 September, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
In the High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-21346-2024 (O&M)
Date of Decision:-25.9.2024
Kuldeep Singh ... Petitioner
Versus
State of Punjab and another ... Respondents
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Ms. Avneet Kaur, Advocate for
Ms. Kirandeep Kaur, Advocate for the petitioner.
Mr. Japjot Singh, AAG, Punjab.
Mr. N.S. Dharni, Advocate for
Ms. Sukhman Kaur, Advocate for respondent No.2.
*****
GURVINDER SINGH GILL, J. (Oral)
1. The petitioner seeks quashing of FIR No.45, dated 1.4.2015 registered at
Police Station Sadar Khanna, District Ludhiana, under Sections 279, 337
and 338 of Indian Penal Code as well as for setting aside of judgment of
conviction and order of sentence dated 14.5.2019 (Annexure P-2) passed by
learned Judicial Magistrate 1st Class, Khanna on the basis of a compromise
having been effected between the parties. Vide judgment of conviction and
order of sentence dated 14.5.2019 (Annexure P-2), the petitioner has been
convicted and sentenced as under:
Sr. No. Under Sections Sentence Fine In default of
payment of fine
1. 279 IPC SI for 06 months Rs.500/- SI for 15 days
2. 337 IPC SI for 06 months Rs.500/- SI for 15 days
3. 338 IPC SI for 01 year Rs.750/- SI for 22 days
2. Vide order dated 30.4.2024, the parties had been directed to appear before
the Appellate Court, where the appeal is pending, so as to get their
statements recorded qua the factum of compromise.
CRM-M-21346-2024 (O&M) (2)
3. Report of learned Additional Sessions Judge, Ludhiana has been received,
wherein it has been reported that statements of petitioner/accused - Kuldeep
Singh and also of complainant - Subedar as well as of victim/respondent
No.2 - Subash Chand have been recorded to the effect that they have
compromised the matter amongst themselves.
4. Complainant - Subedar as well as victim/respondent No.2 - Subash Chand in
their statements have stated that they have no objection in case the FIR in
question is quashed.
5. Learned Additional Sessions Judge, Ludhiana 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.45, dated 1.4.2015 registered at Police Station Sadar Khanna, District
Ludhiana, under Sections 279, 337 and 338 of Indian Penal Code and all
subsequent proceedings emanating therefrom are hereby quashed qua
petitioner and judgment of conviction and order of sentence dated 14.5.2019
(Annexure P-2) passed by learned Judicial Magistrate 1st Class, Khanna is
set aside and the petitioner is acquitted of the charges framed against him.
25.9.2024 ( Gurvinder Singh Gill )
Geeta Judge
Whether reasoned/speaking Yes / No
Whether reportable Yes / No
