Punjab-Haryana High Court
Amritpal Singh Alias Peter vs State Of Punjab And Another on 30 April, 2024
Neutral Citation No:=2024:PHHC:059227
2024:PHHC:059227
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
274 CRM-M-24311-2023
Date of Decision:30.04.2024
AMRITPAL SINGH ALIAS PETER AND OTHERS .....Petitioners
Vs.
STATE OF PUNJAB AND OTHERS .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Yajur Sharma, Advocate
for the petitioners.
Mr. Ramandeep Singh, Sr. DAG, Punjab.
Mr. Arun Sheemar, Advocate for respondent Nos. 2 &3.
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.0013 dated 29.01.2023 under Sections 307, 323, 427, 506, 148 and 149 of IPC and Sections 25 and 27 of Arms Act, 1959, registered at Police Station Chattiwind, District Amritsar Rural and all subsequent proceedings arising therefrom on the basis of compromise dated 01.04.2023 (Annexure P-2).
This Court vide order dated 17.05.2023 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 Civil Judge (Jr. Divn.)-cum-Judicial Magistrate Ist Class, Amrtisar and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 01.07.2023 to the effect that 1 of 2 ::: Downloaded on - 02-05-2024 04:48:51 ::: Neutral Citation No:=2024:PHHC:059227 CRM-M-24311-2023 -2- 2024:PHHC:059227 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 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.0013 dated 29.01.2023 under Sections 307, 323, 427, 506, 148 and 149 of IPC and Sections 25 and 27 of Arms Act, 1959, registered at Police Station Chattiwind, District Amritsar Rural and all subsequent proceedings arising therefrom on the basis of compromise dated 01.04.2023 (Annexure P-2) are quashed qua the petitioners.
( DEEPAK GUPTA )
JUDGE
30.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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