Punjab-Haryana High Court
Nirmal Singh And Anr vs State Of Punjab And Another on 10 April, 2024
Neutral Citation No:=2024:PHHC:049381
2024:PHHC:049381
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
286 CRM-M-45210-2023
Date of Decision:10.04.2024
NIRMAL SINGH AND ANR. .....Petitioners
Vs.
STATE OF PUNJAB AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Ms. Navjot Kaur, Advocate for
Mr. A.S. Khinda, Advocate
for the petitioners.
Mr. Amandeep Singh, DAG, Punjab.
Mr. Harjinder Singh 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 FIR No.121 dated 21.06.2023 under Sections 323, 341, 324, 506, 452 and 34 of IPC, registered at Police Station Sultanpur Lodhi, District Kapurthala and all subsequent proceedings arising therefrom on the basis of compromise dated 25.08.2023 (Annexure P-2).
This Court vide order dated 12.09.2023 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 Sub Divisional Judicial Magistrate, Sultanpur Lodhi and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 26.10.2023 to the effect that the compromise has 1 of 2 ::: Downloaded on - 11-04-2024 11:14:41 ::: Neutral Citation No:=2024:PHHC:049381 CRM-M-45210-2023 -2- 2024:PHHC:049381 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.121 dated 21.06.2023 under Sections 323, 341, 324, 506, 452 and 34 of IPC, registered at Police Station Sultanpur Lodhi, District Kapurthala and all subsequent proceedings arising therefrom on the basis of compromise dated 25.08.2023 (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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