Punjab-Haryana High Court
Gurkirat Singh And Ors vs State Of Punjab And Anr on 30 May, 2018
Author: P.B. Bajanthri
Bench: P.B. Bajanthri
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1. CRM-M-13580 of 2018
Gurkirat Singh and others ... Petitioners
Vs.
State of Punjab and another ... Respondents
2. CRM-M-13604 of 2018
Navdeep Singh and another ... Petitioners
Vs.
State of Punjab and others ... Respondents
Date of Decision:30.05.2018
CORAM : HON'BLE MR. JUSTICE P.B. BAJANTHRI
Present : Mr. Vivek Goel, Advocate.
Mr. Randeep Singh Bains, D.A.G. Punjab.
Mr. Vikas Garg, Advocate.
P.B. BAJANTHRI J. (Oral)
Both the aforesaid petitions have been filed for quashing of FIR No.176 dated 14.08.2017 registered under Sections 341, 324, 323, 148 and 149 IPC (Section 326 IPC added lateron) at Police Station Dharamkot, District Moga at Police Station Sadar Moga, District Moga as well as cross case dated 14.08.2017 registered under Section 324, 323, 341, 148 and 149 IPC (Section 326 IPC added later on) in the aforesaid FIR on the basis of compromise.
2. Parties have entered into a compromise. This Court by order dated 03.04.2018 while issuing notice of motion directed the parties to appear before the trial court/Illaqa Magistrate for recording their statements with regard to veracity of compromise. It has been recorded by the Judicial Magistrate Ist Class, Moga, on 18.04.2018 and a report in this regard has been sent to this Court vide letter dated 25.04.2018 in both cases in which 1 of 2 ::: Downloaded on - 11-06-2018 01:05:47 ::: CRM-M-13580 of 2018 -2- she clarify that compromise is voluntary with the consent and without coercion, undue influence or fear.
3. In view of the law laid down in Narinder Singh v. State of Punjab; 2014 (6) SCC 466, no useful purpose will be served by continuing the criminal proceedings. Therefore, the present petitions are allowed and FIR No.176 dated 14.08.2017 registered under Sections 341, 324, 323, 148 and 149 IPC (Section 326 IPC added lateron) at Police Station Dharamkot, District Moga at Police Station Sadar Moga, District Moga as well as cross case dated 14.08.2017 registered under Section 324, 323, 341, 148 and 149 IPC (Section 326 IPC added later on) in the aforesaid FIR are hereby quashed subject to litigation cost of Rs.2000/- to be paid by each of the petitioner to the Home Department of State of Punjab.
30.05.2018 (P.B. Bajanthri)
rajeev Judge
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
2 of 2
::: Downloaded on - 11-06-2018 01:05:47 :::