Punjab-Haryana High Court
Shingara Singh vs State Of Punjab And Anr on 4 March, 2024
Neutral Citation No:=2024:PHHC:030868
2024:PHHC:030868
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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298 CRM-M-2902-2024
Date of Decision:04.03.2024
Shingara Singh .....Petitioner
Vs.
State of Punjab and Another .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Rajbir Singh Guron, Advocate
for the petitioner.
Mr. Madhur Sharma, DAG, Punjab.
Mr. Jaskaran Singh Dhanoa, 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 F.I.R. No.0052 dated 19.07.2023 registered under Sections 279, 337, 338, 427 of the IPC registered at Police Station Punjab Agriculture University, Ludhiana, Police Commissionerate Ludhiana and all subsequent proceedings arising therefrom on the basis of compromise dated 12.09.2023 (Annexure P-2).
2. This Court vide order dated 19.01.2024 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.
3. Pursuant to the aforesaid order, parties have appeared before Learned Judicial Magistrate 1st Class and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted 1 of 2 ::: Downloaded on - 06-03-2024 04:44:33 ::: Neutral Citation No:=2024:PHHC:030868 2024:PHHC:030868 CRM-M-2902-2024 -2- report dated 20.02.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.
4. Statement of Respondent No.2- complainant, namely, Nikhil Bhandari with regard to compromise was recorded before learned Magistrate on 02.02.2024.
5. Learned State counsel as well as learned counsel for respondent No.2 have not disputed the factum of compromise between the parties.
6. 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.
7. 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 F.I.R. No.0052 dated 19.07.2023 registered under Sections 279, 337, 338, 427 of the IPC registered at Police Station Punjab Agriculture University, Ludhiana, Police Commissionerate Ludhiana and all subsequent proceedings arising therefrom on the basis of compromise dated 12.09.2023 (Annexure P-2), are quashed qua the petitioner.
( DEEPAK GUPTA )
March 04, 2024 JUDGE
Neetika Tuteja
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2024:PHHC:030868
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