Punjab-Haryana High Court
Jasvir Singh And Others vs State Of Punjab And Others on 4 April, 2024
Neutral Citation No:=2024:PHHC:045505
2024:PHHC:045505
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
282 CRM-M-7377-2024
Date of Decision:04.04.2024
JASVIR SINGH AND OTHERS .....Petitioners
Vs.
STATE OF PUNJAB AND OTHERS .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. N.S. Dadwal, Advocate
for the petitioners.
Mr. Amandeep Singh, DAG, Punjab.
Mr. Jagjit Singh, Advocate
for respondent Nos.2 to 4.
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of cross case under Sections 323, 324, 294, 506, 148 and 149 IPC (later on offence under Section 201 IPC added) in case FIR No.0108 dated 12.09.2021 under Sections 324, 323, 148 and 149 IPC, registered at Police Station Sadar Raikot, District Ludhiana Rural and all subsequent proceedings arising therefrom on the basis of compromise dated 22.12.2023 (Annexure P-3).
This Court vide order dated 12.02.2024 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, Jagraon and got their statements recorded. On 1 of 2 ::: Downloaded on - 06-04-2024 18:25:11 ::: Neutral Citation No:=2024:PHHC:045505 CRM-M-7377-2024 -2- 2024:PHHC:045505 the basis of the statements so recorded, Learned Magistrate has submitted report dated 18.03.2024 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 to 4 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 cross case under Sections 323, 324, 294, 506, 148 and 149 IPC (later on offence under Section 201 IPC added) in case FIR No.0108 dated 12.09.2021 under Sections 324, 323, 148 and 149 IPC, registered at Police Station Sadar Raikot, District Ludhiana Rural and all subsequent proceedings arising therefrom on the basis of compromise dated 22.12.2023 (Annexure P-3) 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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