Punjab-Haryana High Court
Kesar Singh vs State Of Punjab And Another on 15 April, 2024
Neutral Citation No:=2024:PHHC:049979
270 2024:PHHC:049979
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-2255-2023
Decided On: 15.04.2024
KESAR SINGH
.....PETITIONER(s)
Versus
STATE OF PUNJAB AND ANOTHER
.....RESPONDENT(s)
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: Mr. Sohrab Dhanda, Advocate
for the petitioner.
Mr. Amandeep Singh, DAG Punjab.
Mr. Hasrat Brar Advocate
for respondent No.2.
DEEPAK GUPTA, J.(Oral)
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.0194 dated 06.08.2022, registered under Sections 420 and 506 of IPC at Police Station Gobindgarh Mandi, District Fatehgarh Sahib and all subsequent proceedings arising therefrom on the basis of compromise dated 14.11.2022 (Annexure P-2).
This Court vide order dated 22.02.2024 had directed the parties to appear before the Trial Court/Illaqa Magistrate to get their statements recorded and the learned Magistrate was directed to send his/her report qua the genuineness of the compromise.
Pursuant to the aforesaid order, parties have appeared before learned Sub Divisional Judicial Magistrate Amloh and got their statements recorded. On 1 of 2 ::: Downloaded on - 16-04-2024 04:16:19 ::: Neutral Citation No:=2024:PHHC:049979 CRM-M-2255-2023 -2- 2024:PHHC:049979 the basis of the statements so recorded, learned Magistrate has submitted report dated 06.04.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.
Statement of Respondent No.2-complainant, namely, Jagjit Kaur with regard to compromise was recorded before learned Magistrate on 13.03.2024.
Learned State counsel as well as learned 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.0194 dated 06.08.2022, registered under Sections 420 and 506 of IPC at Police Station Gobindgarh Mandi, District Fatehgarh Sahib and all subsequent proceedings arising therefrom on the basis of compromise qua petitioner(s), are hereby quashed.
(DEEPAK GUPTA)
15.04.2024 JUDGE
Priyanka-II
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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