Punjab-Haryana High Court
Gurpreet Singh And Another vs State Of Punjab And Another on 19 March, 2024
Neutral Citation No:=2024:PHHC:039520
2024:PHHC:039520
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
276 CRM-M-4275-2024
Date of Decision:19.03.2024
GURPREET SINGH AND ANOTHER .....Petitioners
Vs.
STATE OF PUNJAB AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Jasinder Singh Sekhon, Advocate for the petitioner.
Mr. Amandeep Singh, DAG, Punjab.
Mr. Sanpreet Singh Kalia, 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.107 dated 07.11.2023 registered under Sections 341, 323, 148 and 149 of IPC and (Section 326 IPC added later on) at Police Station Chamkaur Sahib, District Rupnagar and all subsequent proceedings arising therefrom on the basis of compromise dated 16.01.2024 (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 Ist Class, Rupnagar and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has 1 of 2 ::: Downloaded on - 21-03-2024 04:12:04 ::: Neutral Citation No:=2024:PHHC:039520 CRM-M-4275-2024 -2- 2024:PHHC:039520 submitted report dated 14.03.2024 to the effect that 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 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 F.I.R. No.107 dated 07.11.2023 registered under Sections 341, 323, 148 and 149 of IPC and (Section 326 IPC added later on) at Police Station Chamkaur Sahib, District Rupnagar and all subsequent proceedings arising therefrom on the basis of compromise dated 16.01.2024 (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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