Punjab-Haryana High Court
Gurdev Singh Alias Debi And Others vs State Of Punjab And Another on 8 April, 2024
Neutral Citation No:=2024:PHHC:047967
2024:PHHC:047967
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
293 CRM-M-7460-2024
Date of Decision:08.04.2024
GURDEV SINGH ALIAS DEBI AND OTHERS .....Petitioners
Vs.
STATE OF PUNJAB AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Vishal Sharma (Vasudeva), Advocate
for the petitioner.
Mr. Amandeep Singh , DAG, Punjab
Mr. Paritosh Vaid, Advocate
for respondent No.2.
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.101 dated 09.11.2023 under Sections 323, 342, 506, 148 and 149 of IPC, registered at Police Station Chabbewal, District Hoshiarpur, Punjab and all subsequent proceedings arising therefrom on the basis of compromise dated 08.01.2024 (Annexure P-2).
This Court vide order dated 13.02.2024 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, Hoshiarpur 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 1 of 2 ::: Downloaded on - 10-04-2024 03:53:44 ::: Neutral Citation No:=2024:PHHC:047967 CRM-M-7460-2024 -2- 2024:PHHC:047967 been effected 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.101 dated 09.11.2023 under Sections 323, 342, 506, 148 and 149 of IPC, registered at Police Station Chabbewal, District Hoshiarpur, Punjab and all subsequent proceedings arising therefrom on the basis of compromise dated 08.01.2024 (Annexure P-2) are quashed qua the petitioners.
( DEEPAK GUPTA )
JUDGE
08.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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