Punjab-Haryana High Court
Sabbu Kumar vs State Of Punjab And Ors on 22 April, 2024
Neutral Citation No:=2024:PHHC:054216
2024:PHHC:054216
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
291 CRM-M-13282-2024
Date of Decision:22.04.2024
SABBU KUMAR .....Petitioner
Vs.
STATE OF PUNJAB AND ORS .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Bikramjit Singh Randhawa, Advocate
for the petitioner.
Mr. Baljinder Singh, DAG, Punjab.
Mr. Inderpal Singh, Advocate
for respondent Nos.2 and 3.
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.0061 dated 29.05.2020 under Sections 283, 338 and 427 of IPC, registered at Police Station Kiratpur Sahib, District Rupnagar and all subsequent proceedings arising therefrom on the basis of compromise dated 11.03.2024 (Annexure P-2).
This Court vide order dated 14.03.2024 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, Sri Anandpur Sahib and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 30.03.2024 to the effect that the compromise has 1 of 2 ::: Downloaded on - 25-04-2024 01:16:26 ::: Neutral Citation No:=2024:PHHC:054216 CRM-M-13282-2024 -2- 2024:PHHC:054216 been effected 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.0061 dated 29.05.2020 under Sections 283, 338 and 427 of IPC, registered at Police Station Kiratpur Sahib, District Rupnagar and all subsequent proceedings arising therefrom on the basis of compromise dated 11.03.2024 (Annexure P-2) are quashed qua the petitioners.
( DEEPAK GUPTA )
JUDGE
22.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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