Punjab-Haryana High Court
Gajjan Singh And Others vs State Of Punjab And Another on 4 April, 2024
Neutral Citation No:=2024:PHHC:045497
2024:PHHC:045497
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
287 CRM-M-7115-2024
Date of Decision:04.04.2024
GAJJAN SINGH AND OTHERS .....Petitioners
Vs.
STATE OF PUNJAB AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Ms. Ruby Kaur, Advocate and
Mr. Gursharanjit Singh Chanota, Advocate
for the petitioners.
Mr. Sahil R. Bakshi, AAG, Punjab.
Mr. H.K. Brinda, 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.20 dated 16.01.2024 under Sections 451, 323, 506 and 34 of IPC, registered at Police Station Tanda, District Hoshiarpur and all subsequent proceedings arising therefrom on the basis of compromise dated 20.01.2024 (Annexure P-2).
This Court vide order dated 09.02.2024 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 Judicial Magistrate Ist Class, Dasuya and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 12.03.2024 to the effect that the compromise has been effected 1 of 2 ::: Downloaded on - 06-04-2024 18:10:45 ::: Neutral Citation No:=2024:PHHC:045497 CRM-M-7115-2024 -2- 2024:PHHC:045497 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.20 dated 16.01.2024 under Sections 451, 323, 506 and 34 of IPC, registered at Police Station Tanda, District Hoshiarpur and all subsequent proceedings arising therefrom on the basis of compromise dated 20.01.2024 (Annexure P-2) are quashed qua the petitioners.
( DEEPAK GUPTA )
JUDGE
04.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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