Punjab-Haryana High Court
Sukhwant Singh And Ors vs State Of Punjab And Anr on 22 April, 2024
Neutral Citation No:=2024:PHHC:054190
2024:PHHC:054190
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
286 CRM-M-3351-2024
Date of Decision:22.04.2024
SUKHWANT SINGH @ FAUJI AND ORS .....Petitioners
Vs.
STATE OF PUNJAB AND ANR .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Prince Sharma, Advocate
for the petitioners.
Mr. Baljinder Singh, DAG, Punjab.
Mr. Ankush Rampal, Advocate
for respondent No.2.
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.113 dated 05.07.2023 under Sections 323, 324, 325 and 34 of IPC, registered at Police Station Sadar Tarn Taran, Tehsil and District Tarn Taran and all subsequent proceedings arising therefrom on the basis of compromise dated 12.12.2023 (Annexure P-2).
This Court vide order dated 07.03.2024 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 Additional Chief Judicial Magistrate, Tarn Taran and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 08.04.2024 to the effect that the compromise has 1 of 2 ::: Downloaded on - 25-04-2024 01:19:24 ::: Neutral Citation No:=2024:PHHC:054190 CRM-M-3351-2024 -2- 2024:PHHC:054190 been effected between the parties voluntarily and without any coercion or undue influence.
Learned State counsel as well as 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 FIR No.113 dated 05.07.2023 under Sections 323, 324, 325 and 34 of IPC, registered at Police Station Sadar Tarn Taran, Tehsil and District Tarn Taran and all subsequent proceedings arising therefrom on the basis of compromise dated 12.12.2023 (Annexure P-2) are quashed qua the petitioners.
( DEEPAK GUPTA )
JUDGE
22.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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