Punjab-Haryana High Court
Madhuvir Malik And Ors vs State Of Punjab And Others on 25 April, 2024
Neutral Citation No:=2024:PHHC:056497
2024:PHHC:056497
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
284 CRM-M-11097-2024
Date of Decision:25.04.2024
MADHUVIR MALIK AND ORS .....Petitioners
Vs.
STATE OF PUNJAB AND OTHERS .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Abdul Aziz, Advocate
for the petitioners (Through VC).
Mr. Ramandeep Singh, Additional AG, Punjab.
Mr. Kuldeep Singh Siwach, Advocate
for respondent Nos.2 to 4.
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.55 dated 10.06.2023 under Sections 379-B, 341, 411 and 34 of IPC, registered at Police Station Maloud, District Ludhiana and all subsequent proceedings arising therefrom on the basis of compromise dated 20.02.2024 (Annexure P-2).
This Court vide order dated 01.03.2024 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 District and Sessions Judge, Ludhiana and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 18.04.2024 to the effect that the compromise has 1 of 2 ::: Downloaded on - 26-04-2024 07:16:33 ::: Neutral Citation No:=2024:PHHC:056497 CRM-M-11097-2024 -2- 2024:PHHC:056497 been effected between the parties voluntarily and without any coercion or undue influence.
Learned State counsel as well as counsel for respondent Nos.2 to 4 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.55 dated 10.06.2023 under Sections 379-B, 341, 411 and 34 of IPC, registered at Police Station Maloud, District Ludhiana and all subsequent proceedings arising therefrom on the basis of compromise dated 20.02.2024 (Annexure P-2) are quashed qua the petitioners.
( DEEPAK GUPTA )
JUDGE
25.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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