Punjab-Haryana High Court
Harinder Singh Jaidka And Another vs State Of Punjab And Another on 2 April, 2024
Neutral Citation No:=2024:PHHC:044306
2024:PHHC:044306
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
290 CRM-M-48185-2023
Date of Decision:02.04.2024
HARINDER SINGH JAIDKA AND ANOTHER .....Petitioners
Vs.
STATE OF PUNJAB AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. I.S. Brar, Advocate
for the petitioners.
Mr. Amandeep Singh, DAG, Punjab.
Mr. Gurpreet Singh, 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.127 dated 03.08.2020, under Sections 420 and 34 of IPC, registered at Police Station Civil Lines Bathinda, District Bathinda and all subsequent proceedings arising therefrom on the basis of compromise dated 01.09.2023 (Annexure P-2).
This Court vide order dated 22.09.2023 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 Chief Judicial Magistrate, Bathinda and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 07.11.2023 to the effect that the compromise has been effected 1 of 2 ::: Downloaded on - 04-04-2024 03:15:37 ::: Neutral Citation No:=2024:PHHC:044306 CRM-M-48185-2023 -2- 2024:PHHC:044306 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.127 dated 03.08.2020, under Sections 420 and 34 of IPC, registered at Police Station Civil Lines Bathinda, District Bathinda and all subsequent proceedings arising therefrom on the basis of compromise dated 01.09.2023 (Annexure P-2) are quashed qua the petitioners.
( DEEPAK GUPTA )
JUDGE
02.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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