Punjab-Haryana High Court
Bikkar Singh And Another vs State Of Punjab And Another on 22 April, 2024
Neutral Citation No:=2024:PHHC:054207
2024:PHHC:054207
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
282 CRM-M-57438-2023 (O&M)
Date of Decision:22.04.2024
BIKKAR SINGH AND ANOTHER .....Petitioners
Vs.
STATE OF PUNJAB AND ANR .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Anutej Singh Barnala, Advocate
for the petitioners.
Mr. Baljinder Singh, DAG, Punjab.
Proxy counsel for Mr. A.S. Bhatti, 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.164 dated 11.09.2019 under Sections 307, 323, 324, 506, 34 and 120-B of IPC, registered at Police Station Dhanaula, District Barnala and all subsequent proceedings arising therefrom on the basis of compromise dated 03.11.2023 (Annexure P-2).
This Court vide order dated 05.03.2024 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, Barnala and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 04.04.2024 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 respondent No.2 1 of 2 ::: Downloaded on - 25-04-2024 01:18:25 ::: Neutral Citation No:=2024:PHHC:054207 CRM-M-57438-2023(O&M) -2- 2024:PHHC:054207 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.164 dated 11.09.2019 under Sections 307, 323, 324, 506, 34 and 120-B of IPC, registered at Police Station Dhanaula, District Barnala and all subsequent proceedings arising therefrom on the basis of compromise dated 03.11.2023 (Annexure P-2) are quashed qua the petitioners.
( DEEPAK GUPTA )
JUDGE
22.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
2 of 2
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