Punjab-Haryana High Court
Sona Singh @ Sonu Dj Wala And Ors vs State Of Punjab And Others on 1 April, 2024
Neutral Citation No:=2024:PHHC:043220
2024:PHHC:043220
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
292 CRM-M-5564-2024
Date of Decision:01.04.2024
SONA SINGH @ SONU DJ WALA AND ORS. .....Petitioners
Vs.
STATE OF PUNJAB AND OTHERS .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Ms. Suman Kumari, Advocate
for the petitioners.
Mr. Amandeep Singh, DAG, Punjab.
Mr. Himanshu Seth, Advocate for
Mr. Vikram Kumar, Advocate
for respondent Nos.2 and 3.
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.0077 dated 12.04.2021, under Sections 458, 323, 148, 149 IPC, registered at Police Station City-1 Abohar, District Fazilka and DDR No.019 dated 13.04.2021 under Sections 323 and 34 IPC, and all subsequent proceedings arising therefrom on the basis of compromise deed dated 24.01.2024 (Annexure P-3).
This Court vide order dated 02.02.2024 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 Sub Divisional Judicial Magistrate, Abohar and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has 1 of 2 ::: Downloaded on - 03-04-2024 23:44:33 ::: Neutral Citation No:=2024:PHHC:043220 CRM-M-5564-2024 -2- 2024:PHHC:043220 submitted report dated 14.03.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.
Learned State counsel as well as 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.0077 dated 12.04.2021, under Sections 458, 323, 148, 149 IPC, registered at Police Station City-1 Abohar, District Fazilka and DDR No.019 dated 13.04.2021 under Sections 323 and 34 IPC, and all subsequent proceedings arising therefrom on the basis of compromise deed dated 24.01.2024 (Annexure P-3) are quashed qua the petitioner.
( DEEPAK GUPTA )
JUDGE
01.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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