Punjab-Haryana High Court
Surinderpaul Singh And Ors vs State Of Punjab And Ors on 1 April, 2024
Neutral Citation No:=2024:PHHC:043261
2024:PHHC:043261
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
296 CRM-M-9271-2024
Date of Decision:01.04.2024
SURINDERPAUL SINGH AND ORS .....Petitioners
Vs.
STATE OF PUNJAB AND ORS .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Naresh Chander, Advocate for
Mr. Narinder Singh Dadwal, Advocate
for the petitioners.
Mr. Amandeep Singh, DAG, Punjab.
Mr. Jagjit Singh, Advocate
for respondent Nos.2 and 3.
****
DEEPAK GUPTA, J.
Short reply by way of affidavit of Azad Dawinder Singh, PPS, Deputy Superintendent of Police, Sub Division City Batala, Police District Batala has been filed on behalf of respondent No.1-State and the same is taken on record.
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.0168 dated 29.08.2017, under Sections 420, 406 and 34 IPC, registered at Police Station Civil Lines Batala, District Batala and all subsequent proceedings arising therefrom on the basis of compromise/affidavit dated 03.10.2023 (Annexure P-2).
This Court vide order dated 21.02.2024 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 1 of 2 ::: Downloaded on - 03-04-2024 23:43:29 ::: Neutral Citation No:=2024:PHHC:043261 CRM-M-9271-2024 -2- 2024:PHHC:043261 compromise.
Pursuant to the aforesaid order, parties have appeared before Judicial Magistrate Ist Class, Batala and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 22.03.2024 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 Nos.2 and 3 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.0168 dated 29.08.2017, under Sections 420, 406 and 34 IPC, registered at Police Station Civil Lines Batala, District Batala and all subsequent proceedings arising therefrom on the basis of compromise/affidavit dated 03.10.2023 (Annexure P-2) 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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