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Judgments of Supreme Court of India and High Courts

Gurbachan Singh And Ors vs State Of Punjab And Ors on 15 December, 2017

264.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-37423-2017
Date of decision:15.12.2017.

GURBACHAN SINGH AND ORS. … Petitioners

Versus

STATE OF PUNJAB AND ORS. …. Respondents

CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA
—-

Present: Ms. Ramandeep Kaur, Advocate, for
Mr. Pardeep Bajaj, Advocate,
for the petitioners.

Mr. M.S. Nagra, AAG, Punjab,
for respondent No.1.

None for respondents No.2 to 6.

—-

HARI PAL VERMA, J.(Oral)

Prayer in this petition filed under Section 482 Cr.P.C. is for

quashing of F.I.R. No.107 dated 24.06.2014 under Sections 324, 323, 148,

149, 354 of IPC (at the time of filing challan, the offence under Section 354

IPC deleted and Section 341 IPC added), registered at Police Station

Machhiwara, Police District Khanna, District Ludhiana (Annexure P-1) and

all subsequent proceedings arising therefrom on the basis of compromise

dated 19.09.2017 (Annexure P-2).

This Court vide order dated 06.10.2017 had directed the parties

to appear before the Illaqa Magistrate/trial Court to get their statements

recorded and the learned Magistrate was directed to send its report qua the

genuineness of the compromise, however, the parties could not appear

before the trial Court. Again vide order dated 29.11.2017, another
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opportunity was granted to the parties to get their statements recorded in

terms of order dated 06.10.2017

Pursuant to the aforesaid orders, parties have appeared before

learned Judicial Magistrate Ist Class, Samrala and got their statements

recorded. On the basis of the statements so recorded, learned Magistrate has

submitted report dated 07.12.2017 to the effect that the compromise has

been effected between the parties without any pressure, undue influence,

coercion, inducement, threat or promise from any side.

Though today none has put in appearance on behalf of

respondent No.6-complainant, namely, Jaswinder Kaur, but no prejudice

would be caused to her as she has already made her statement with regard to

compromise before learned Magistrate on 30.11.2017. The same is

reproduced as under:-

“Stated that the case bearing FIR No.107 dated 24.06.2014
under section 324/323/148/149/354 IPC (At the time of filing
the challan, the offence u/s 354 IPC was deleted and offence u/s
341 IPC was added), PS Machhiwara Sahib, was lodged by me
against accused Gurbachan Singh s/o Hushnak Singh @ Khush
Nath, Jagmeet Singh s/o Gurbachan Singh, Manpreet Singh s/o
Gurbachan Singh, Satnam Singh s/o Paramjit Singh, Harbans
Singh s/o Hushnak Singh and Mahinder Singh @ Harminder
Singh (Referred to as petitioners in the memo of parties in the
petition bearing CRM-M-No.37423 of 2017 before the Hon’ble
High Court). Now with the intervention of the respectables, I
have voluntarily entered into compromise with above said
accused persons out of my free will and without any pressure,
undue influence, coercion, inducement, threat or promise from
any side. I have no objection if the above said FIR may be
quashed by Hon’ble Punjab and Haryana High Court against
accused Gurbachan Singh s/o Hushnak Singh @ Khush Nath,
Jagmeet Singh s/o Gurbachan Singh, Manpreet Singh s/o
Gurbachan Singh, Satnam Singh s/o Paramjit Singh, Harbans
Singh s/o Hushnak Singh and Mahinder Singh @ Harminder
Singh. The photocopy of my Aadhar Card is mark G.”

Apart from above, similar statements have been made by

respondents No.2 to 5 whereby they have shown no objection to the FIR

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being quashed.

Learned State counsel has not disputed the factum of

compromise between the parties.

In view of the above, no useful purpose would be served to

continue with the proceedings before the trial Court in the instant F.I.R.

Following the principles laid down by the Full Bench judgment

of this Court in Kulwinder Singh and others Versus State of Punjab and

another 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble

Supreme Court in Gian Singh Versus State of Punjab and others (2012)

10 SCC 303, this petition is allowed and F.I.R. No.107 dated 24.06.2014

under Sections 324, 323, 148, 149, 354 of IPC (at the time of filing challan,

the offence under Section 354 IPC deleted and Section 341 IPC added),

registered at Police Station Machhiwara, Police District Khanna, District

Ludhiana (Annexure P-1) and all subsequent proceedings arising therefrom

are quashed qua the petitioners on the basis of compromise dated

19.09.2017 (Annexure P-2).

(HARI PAL VERMA)
JUDGE
15.12.2017
sanjeev
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

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