Punjab-Haryana High Court
Vijay Kumar vs State Of Punjab And Another on 2 April, 2024
Neutral Citation No:=2024:PHHC:044312
2024:PHHC:044312
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
297 CRM-M-6307-2024 (O&M)
Date of Decision:02.04.2024
VIJAY KUMAR .....Petitioner
Vs.
STATE OF PUNJAB AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Gurpreet Singh, Advocate for
Mr. Ramnish Puri, Advocate
for the petitioner.
Mr. Amandeep Singh, DAG, Punjab.
Mr. Rohit , 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.91 dated 20.07.2023, under Sections 379-B, 411 and 34 of IPC, registered at Police Station GRP, District Amirtsar and all subsequent proceedings arising therefrom on the basis of compromise/affidavit dated 18.01.2024 (Annexure P-2).
This Court vide order dated 06.02.2024 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 Additional Sessions Judge, Amritsar and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 28.03.2024 to the effect that the compromise has been effected 1 of 2 ::: Downloaded on - 04-04-2024 03:18:15 ::: Neutral Citation No:=2024:PHHC:044312 CRM-M-6307-2024 (O&M) -2- 2024:PHHC:044312 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.91 dated 20.07.2023, under Sections 379-B, 411 and 34 of IPC, registered at Police Station GRP, District Amirtsar and all subsequent proceedings arising therefrom on the basis of compromise/affidavit dated 18.01.2024 (Annexure P-2) are quashed qua the petitioner.
( DEEPAK GUPTA )
JUDGE
02.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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