Punjab-Haryana High Court
Jagdev Singh Alias Jagga And Ors vs State Of Punjab And Others on 30 January, 2023
Author: Karamjit Singh
Bench: Karamjit Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-846-2020
Date of Decision:-30.01.2023
JAGDEV SINGH ALIAS JAGGA AND ORS
... Petitioners
Versus
STATE OF PUNJAB AND OTHERS
... Respondents
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CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH
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Present:- Mr.A.S. Sekhon, Advocate
for the petitioners.
Mr. M.S. Nagra, AAG, Punjab.
Mr. Ashish Gupta, Advocate
for respondents No.2 and 3.
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KARAMJIT SINGH, J. (Oral)
Present petition is for quashing of FIR No.146 dated 12.10.2018 registered under Sections 307, 341, 34 IPC and Sections 25/27 of Arms Act at Police Station Sadar, District Faridkot on the basis of compromise (Annexures P-2 and P-3) along with other consequential proceedings arising thereto.
The abovesaid FIR was registered on the statement of complainant/respondent No.2-Khushwant Singh against the petitioners.
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During the course of preliminary hearing, the trial Court/Illaqa Magistrate was directed to record the statements of the all the concerned parties with regard to genuineness and validity or otherwise of the aforesaid compromise.
In compliance thereof, report from the Court of Additional District and Sessions Judge, Faridkot along with statements of the parties has been received, in which, it is mentioned that the compromise is genuine and there was no undue influence or coercion from any side.
I have heard learned counsel for the parties Learned counsel for the parties are ad idem that in view of the settlement effected between the parties, the present petition deserves to be accepted. It has also come on record that the aforesaid compromise is genuine and the parties effected the same without any undue influence or coercion.
I am of the view that the aforesaid compromise is in the welfare and interest of the parties and will enable the parties to live in peace and enjoy their life in a dignified manner. Also there is no legal impediment in translating their wishes into reality by putting an end to the criminal prosecution initiated on the basis of FIR in question. Further as the matter has been compromised, the continuation of the proceedings would amount to abuse of the process of the Court.
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(3) CRM-M-846-2020
For the reasons aforestated and having regard to the law laid down by Hon'ble Apex Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Five Judges Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this petition is allowed and FIR No.146 dated 12.10.2018 registered under Sections 307, 341, 34 IPC and Sections 25/27 of Arms Act at Police Station Sadar, District Faridkot on the basis of compromise (Annexures P-2 and P-3) and all the subsequent proceedings thereof are hereby quashed qua the petitioners.
( KARAMJIT SINGH)
30.01.2023 JUDGE
Gaurav Sorot
Whether reasoned / speaking? Yes / No
Whether reportable? Yes / No
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