Punjab-Haryana High Court
Gurpreet Singh And Ors vs State Of Punjab And Others on 16 April, 2024
Neutral Citation No:=2024:PHHC:051121
300 2024:PHHC:051121
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-1925-2024
Decided On: 16.04.2024
GURPREET SINGH AND ORS.
.....PETITIONER(s)
Versus
STATE OF PUNJAB AND OTHERS
.....RESPONDENT(s)
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: Mr. B.S. Singhvi, Advocate
for the petitioners.
Mr. Ramandeep Singh, Sr. DAG, Punjab.
Mr. Talwinder Singh, Advocate
for respondent Nos.2 and 3.
DEEPAK GUPTA, J.(Oral)
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.199 dated 28.10.2023, registered under Sections 341, 323, 506, 148, 149 IPC at Police Station Baghapurana, District Moga and all subsequent proceedings arising therefrom on the basis of compromise.
This Court vide order dated 15.01.2024 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, Baghapurana and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has 1 of 2 ::: Downloaded on - 17-04-2024 06:50:15 ::: Neutral Citation No:=2024:PHHC:051121 CRM-M-1925-2024 -2- 2024:PHHC:051121 submitted report dated 22.02.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.
Joint statement of Respondent Nos.2 and 3-complainants, namely, Sukhbeer Singh and Jasdeep Singh with regard to compromise was recorded before learned Magistrate on 29.01.2024.
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.199 dated 28.10.2023, registered under Sections 341, 323, 506, 148, 149 IPC at Police Station Baghapurana, District Moga and all subsequent proceedings arising therefrom on the basis of compromise qua petitioner(s), are hereby quashed.
(DEEPAK GUPTA)
16.04.2024 JUDGE
Priyanka-II
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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