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Gurwinder Singh @ Sethi & Others vs State Of Punjab & Another

Punjab And Haryana At Chandigarh · Decided on 1 December 2020 · Citation: (2020) 12 P&H CK 0014

HON’BLE JUDGES
Gurvinder Singh Gill, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 323, 324, 326, 341, 379, 411, 427, 506
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 28040 Of 2020
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Judgment

16 paragraphs · 274 words

GURVINDER SINGH GILL, J

1.

The petitioners have approached this Court seeking quashing of FIR No.137, dated 02.07.2020, registered at Police Station Ghuman, District Batala,

under Sections 323, 324, 341, 506, 427, 379, 34 IPC (Sections 326, 411 IPC added later on) and all subsequent proceedings emanating therefrom on

the basis of a compromise having been effected between the parties.

2.

Vide order dated 26.10.2020, the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get their statements recorded

qua the factum of compromise.

3.

Report of learned Judicial Magistrate 1st Class, Batala, has been received, wherein it has been reported that the statements of accused/petitioners

Kuldeep Singh @ Keepu, Gurwinder Singh @ Sethi and Gurcharan Singh @ Nau and also of complainant Navjot

Singh have been recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant Navjot Singh in his statement has stated that he has no objection in case the FIR in question is quashed.

5.

The learned Judicial Magistrate 1st Class, Batala has specifically opined that the parties have entered into compromise voluntarily without there

being any pressure, coercion and 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.137, dated 02.07.2020, registered at Police Station Ghuman, District

Batala, under Sections 323, 324, 341, 506, 427, 379, 34 IPC (Sections 326, 411 IPC added later on) and all subsequent proceedings emanating

therefrom are hereby quashed qua petitioners.