Shamsher Singh And Another vs State Of Punjab And Another

Gurvinder Singh Gill, J

The petitioners have approached this Court seeking quashing of GD No.27 dated 21.5.2020 registered under Sections 323, 325 and 34 of Indian

Penal Code in FIR No.42 dated 20.4.2020 registered at Police Station Bhaini Mian Khan, District Gurdaspur under Sections 323, 324 and 34 of Indian

Penal Code, wherein offence under Section 326 IPC was added lateron, and all subsequent proceedings emanating therefrom on the basis of a

compromise having been effected between the parties.

Vide order dated 24.9.2020, the parties had been directed to appear before the Illaqa Magistrate/Duty Magistrate so as to get their statements

recorded qua the factum of compromise.

Report of learned Judicial Magistrate 1st Class, Gurdaspur has been received, wherein it has been reported that the statements of

petitioners/accused Shamsher Singh and Kulwinder Kaur and also of complainant Malook Singh have been recorded to the effect that they have

compromised the matter amongst themselves.

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

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

being any pressure, coercion or undue influence.

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 GD No.27 dated 21.5.2020 registered under Sections 323, 325 and 34 of

Indian Penal Code in FIR No.42 dated 20.4.2020 registered at Police Station Bhaini Mian Khan, District Gurdaspur under Sections 323, 324 and 34 of

Indian Penal Code, wherein offence under Section 326 IPC was added lateron and all subsequent proceedings emanating therefrom are hereby

quashed qua petitioners.