Punjab-Haryana High Court
Gurshan Singh And Ors vs State Of Punjab And Another on 5 April, 2024
Neutral Citation No:=2024:PHHC:046790
2024:PHHC:046790
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
236 CRM-M-9412-2024
Date of Decision:05.04.2024
GURSHAN SINGH AND ORS .....Petitioners
Vs.
STATE OF PUNJAB AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Dhamanpreet Kaur, Advocate for
Mr. B.S. Bhalla, Advocate
for the petitioners.
Mr. Sahil R. Bakshi, AAG, Punjab.
Mr. Rajveer Singh Brar, 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.22 dated 07.02.2024 under Sections 452, 324, 323, 148 and 149 of IPC registered at Police Station City Moga, District Moga and all subsequent proceedings arising therefrom on the basis of compromise dated 14.02.2024 (Annexure P-2).
This Court vide order dated 22.02.2024 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 Chief Judicial Magistrate, Moga and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 15.03.2024 to the effect that the compromise has been effected 1 of 2 ::: Downloaded on - 06-04-2024 22:08:57 ::: Neutral Citation No:=2024:PHHC:046790 CRM-M-9412-2024 -2- 2024:PHHC:046790 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.22 dated 07.02.2024 under Sections 452, 324, 323, 148 and 149 of IPC registered at Police Station City Moga, District Moga and all subsequent proceedings arising therefrom on the basis of compromise dated 14.02.2024 (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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