Punjab-Haryana High Court
Ashish Kumar @ Ashu vs State Of Punjab And Others on 19 March, 2024
Neutral Citation No:=2024:PHHC:039491
2024:PHHC:039491
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
275 CRM-M-3963-2024
Date of Decision:19.03.2024
ASHISH KUMAR @ ASHU .....Petitioner
Vs.
STATE OF PUNJAB AND OTHERS .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Ramandeep, Advocate and
Mr. G.S. Jagpal, Advocate for the petitioner.
Mr. Amandeep Singh, DAG, Punjab.
Mr. Gurcharan Singh Bains, 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 F.I.R. No.73 dated 10.05.2015 registered under Section 420 IPC (Section 34 IPC added later on) at Police Station Sadar, Samana, District Patiala and all subsequent proceedings arising therefrom on the basis of compromise dated 12.01.2024 (Annexure P-2).
This Court vide order dated 29.01.2024 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.
Pursuant to the aforesaid order, parties have appeared before Judicial Magistrate First Class, Samana, District Patiala and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 07.03.2024 to the effect that the 1 of 2 ::: Downloaded on - 21-03-2024 04:10:36 ::: Neutral Citation No:=2024:PHHC:039491 CRM-M-3963-2024 -2- 2024:PHHC:039491 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 F.I.R. No.73 dated 10.05.2015 registered under Section 420 IPC (Section 34 IPC added later on) at Police Station Sadar Samana, District Patiala and all subsequent proceedings arising therefrom on the basis of compromise dated 12.01.2024 (Annexure P-2) are quashed qua the petitioner.
( DEEPAK GUPTA )
JUDGE
19.03.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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