Punjab-Haryana High Court
Rakam Singh And Others vs State Of Punjab And Others on 10 April, 2024
Neutral Citation No:=2024:PHHC:049414
2024:PHHC:049414
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
289 CRM-M-65473-2023
Date of Decision:10.04.2024
RAKAM SINGH AND OTHERS .....Petitioners
Vs.
STATE OF PUNJAB AND OTHERS .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Jarnail Singh Saneta, Advocate
for the petitioners.
Mr. Amandeep Singh, DAG, Punjab.
Mr. Gagandeep Singh Advocate
for respondent Nos.2 to 5.
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DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.260 dated 06.09.2023 under Sections 324, 341, 506, 148 and 149 of IPC, registered at Police Station Zirakpur, District SAS Nagar, Mohali and all subsequent proceedings arising therefrom on the basis of compromise (Annexure P-2).
This Court vide order dated 05.01.2024 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, Dera Bassi and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 12.02.2024 to the effect that the compromise has 1 of 2 ::: Downloaded on - 11-04-2024 23:54:54 ::: Neutral Citation No:=2024:PHHC:049414 CRM-M-65473-2023 -2- 2024:PHHC:049414 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 FIR No.260 dated 06.09.2023 under Sections 324, 341, 506, 148 and 149 of IPC, registered at Police Station Zirakpur, District SAS Nagar, Mohali and all subsequent proceedings arising therefrom on the basis of compromise (Annexure P-2) are quashed qua the petitioners.
( DEEPAK GUPTA )
JUDGE
10.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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