Punjab-Haryana High Court
Sunny Kumar And Anr vs State Of Punjab And Others on 18 April, 2024
Neutral Citation No:=2024:PHHC:052293
2024:PHHC:052293
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
283 CRM-M-1182-2024
Date of Decision:18.04.2024
SUNNY KUMAR AND ANR. .....Petitioners
Vs.
STATE OF PUNJAB AND OTHERS .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Kapil Khanna, Advocate
for the petitioners.
Mr. Ramandeep Singh, Sr. DAG, Punjab.
Mr. Naresh Chander, Advocate
for respondent Nos. 2 & 3.
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DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.0278 dated 08.12.2022 under Sections 323, 324, 326, 341, 148 and 149 of IPC, registered at Police Station City Kapurthala, District Kapurthala and all subsequent proceedings arising therefrom on the basis of compromise dated 03.01.2024 (Annexure P-2).
This Court vide orders dated 11.01.2024 and 26.02.2024 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 Chief Judicial Magistrate, Kapurthala and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 03.04.2024 to the effect that the compromise has been effected 1 of 2 ::: Downloaded on - 25-04-2024 20:37:43 ::: Neutral Citation No:=2024:PHHC:052293 CRM-M-1182-2024 -2- 2024:PHHC:052293 between the parties voluntarily and without any coercion or undue influence.
Learned State counsel as well as counsel for respondent Nos.2 and 3 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.0278 dated 08.12.2022 under Sections 323, 324, 326, 341, 148 and 149 of IPC, registered at Police Station City Kapurthala, District Kapurthala and all subsequent proceedings arising therefrom on the basis of compromise dated 03.01.2024 (Annexure P-2) are quashed qua the petitioners.
( DEEPAK GUPTA )
JUDGE
18.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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