Punjab-Haryana High Court
Mangdeep Singh And Others vs State Of Punjab And Another on 19 April, 2024
Neutral Citation No:=2024:PHHC:052496
2024:PHHC:052496
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
202 (2) CRM-M-32964-2023
Date of Decision:19.04.2024
MANGDEEP SINGH AND OTHERS .....Petitioners
Vs.
STATE OF PUNJAB AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Joginder Pal Devgan, Advocate
for the petitioners.
Mr. Sahil R. Bakshi, AAG, Punjab
assisted by ASI Kuldeep Singh.
Mr. S.K. Gupta, Advocate for
Mr. Ankush Rampal, Advocate
for the complainant-respondent No.2.
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.17 dated 28.03.2022 under Section 379-B (2) of IPC, registered at Police Station Mattewal, District Amritsar Rural and all subsequent proceedings arising therefrom on the basis of compromise dated 01.03.2023 (Annexure P-2).
This Court vide order dated 04.03.2024 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, Baba Bakala Sahib and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has 1 of 2 ::: Downloaded on - 20-04-2024 22:48:50 ::: Neutral Citation No:=2024:PHHC:052496 CRM-M-32964-2023 -2- 2024:PHHC:052496 submitted report dated 27.03.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.
Learned State counsel as well as counsel for complainant- 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.17 dated 28.03.2022 under Section 379-B (2) of IPC, registered at Police Station Mattewal, District Amritsar Rural and all subsequent proceedings arising therefrom on the basis of compromise dated 01.03.2023 (Annexure P-2) are quashed qua the petitioners.
( DEEPAK GUPTA )
JUDGE
19.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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