Neutral Citation No:=2023:PHHC:080490
2023:PHHC:080490
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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211 CRM-M-25445-2022
Date of Decision:01.06.2023
Kanwaljit Singh .....Petitioner
Vs.
State of Punjab & Another .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. G.S. Bawa, Advocate
for the petitioner.
Mr. Randeep Singh Khaira, DAG, Punjab.
Mr. Gobind Singh Randhawa, Advocate
for respondent No.2.
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DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.255 dated 20.05.2017 registered under Sections 420, 201 of the IPC registered at Police Station Civil Lines Amritsar, District Police Commissionerate Amritsar and all subsequent proceedings arising therefrom on the basis of compromise dated 20.04.2022 (Annexure P-2).
This Court vide order dated 02.06.2022 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise.
Pursuant to the aforesaid order, parties have appeared before Learned Judicial Magistrate 1st Class and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 14.11.2022 to the effect that the compromise has been effected 1 of 2 ::: Downloaded on - 03-06-2023 01:44:51 ::: Neutral Citation No:=2023:PHHC:080490 2023:PHHC:080490 CRM-M-25445-2022 2 between the parties voluntarily and without any coercion or undue influence.
Learned State counsel as well as learned counsel for respondent No.2 have not disputed the factum of compromise between the parties.
In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R.
Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and F.I.R. No.255 dated 20.05.2017 registered under Sections 420, 201 of the IPC registered at Police Station Civil Lines Amritsar, District Police Commissionerate Amritsar, and all subsequent proceedings arising therefrom on the basis of compromise dated 20.04.2022 (Annexure P-2), are quashed qua the petitioner.
June 01, 2023 ( DEEPAK GUPTA )
Neetika Tuteja JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:080490
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