IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KULDEEP SINGH ALIAS KULDEP SINGH AND OTHERS – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 08.01.2025 KULDEEP SINGH @ KULDEP SINGH AND OTHERS ...PETITIONERS Versus STATE OF PUNJAB AND OTHERS.
... RESPONDENTS CORAM : HON'BLE MR. JUSTICE N. S. SHEKHAWAT Present: Mr. Jasmail Singh Brar, Advocate for the petitioners.
Mr. Deepinder Singh Brar, Sr. DAG, Punjab.
Mr. Angrej Singh, Advocate for respondents No.2 to 7.
N. S. SHEKHAWAT , J. (Oral)
1. The instant petition has been filed under Section 482 Cr.P.C. for quashing of an FIR No.119 dated 12.08.2022 under Sections 307, 336, 148 and 149 IPC 1860 and Sections 25 and 27 of Arms Act 1959 (Section 30 of Arms Act was added later on vide rapat No.16 dated 09.11.2022) registered at Police Station Kabarwala, District Sri Muktsar Sahib (Annexure P-1) alongwith all the compromise/affidavit dated 04.01.2024 (Annexure P-5).
2. Vide order dated 26.11.2024, this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 04.01.2024 (Annexure P-5).
3. Pursuant to aforesaid order, the parties have appeared before the learned Judicial Magistrate First Class, Malout, District Sri Muktsar Sahib and got their statements recorded. Report dated 18.12.2024 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence.
4. Learned counsel for the petitioners submits that in the present case, the parties had entered into a compromise, which led to the settlement of 9 cases, which were pending between the parties i.e. 3 Civil Writ Petitions, 5 Criminal cases and one Contempt Petition. He further contends that all the injuries suffered by the complainant side were simple in nature.
5. I have heard counsel for the parties and gone through the case file.
6. In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioners.
7. Resultantly, FIR No.119 dated 12.08.2022 under Sections 307, 336, 148 and 149 IPC 1860 and Sections 25 and 27 of Arms Act 1959 (Section 30 of Arms Act was added later on vide rapat No.16 dated 09.11.2022) registered at Police Station Kabarwala, District Sri Muktsar Sahib (Annexure P-1) alongwith all
qua the petitioner.
08.01.2025 (N. S. SHEKHAWAT)
vipin JUDGE
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