Manmeet Singh And Others vs State Of Punjab

Punjab-Haryana High Court

Manmeet Singh And Others vs State Of Punjab on 9 May, 2024

                                      Neutral Citation No:=2024:PHHC:065301



                                                         2024:PHHC:065301

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

201                                           CRM-M-26641-2020 (O&M)
                                              Date of Decision:09.05.2024
MANMEET SINGH AND OTHERS                                   .....Petitioners

                         Vs.

STATE OF PUNJAB AND ANOTHER                                .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:     Mr. Rajbinder Singh Sidhu, Advocate for
             Mr. Nitesh Singhi, Advocate for the petitioners.

             Mr. Amandeep Singh, DAG, Punjab.

             Mr. Pradeep Panwar, Advocate
             for respondent No.2.

             ******

DEEPAK GUPTA, J.

Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.177 dated 03.11.2019, under Sections 323, 341, 506, 34, 427 and 452 IPC, registered at Police Station Shimlapuri, District Ludhiana and all subsequent proceedings arising therefrom on the basis of compromise dated 03.02.2020 (Annexure P-2).

This Court vide order dated 07.02.2023 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, only petitioners No.1 & 4 along with complainant-respondent No.2 had appeared before Judicial Magistrate Ist Class, Ludhiana and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 1 of 3 ::: Downloaded on - 14-05-2024 00:38:49 ::: Neutral Citation No:=2024:PHHC:065301 CRM-M-26641-2020 -2- 2024:PHHC:065301 11.04.2023 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. However, at that time petitioners No.2 and 3 did not appear.

This Court vide order dated 18.04.2023 had directed petitioners No.2 & 3 [wrongly recorded as petitioners No.3 & 4 in the said order] along with complainant-respondent No.2 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, petitioners No.2 & 3 failed to appear before the ld. Magistrate to get their statement recorded.

Again on 28.02.2024, while allowing application bearing CRM- 52222-2023, filed by the applicant-petitioners, to grant one more opportunity to the parties to get their statement recorded in terms of order dated 07.02.2023/18.04.2023, petitioners No.2 & 3 [wrongly recorded as petitioners No.3 & 4 in the said order] along with complainant-respondent No.2 were directed 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, only petitioners No.2 & 3 along with complainant-respondent No.2 had appeared before Judicial Magistrate Ist Class, Ludhiana and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 23.04.2024 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-

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                                         Neutral Citation No:=2024:PHHC:065301



CRM-M-26641-2020                 -2-            2024:PHHC:065301

complainant 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.177 dated 03.11.2019, under Sections 323, 341, 506, 34, 427 and 452 IPC, registered at Police Station Shimlapuri, District Ludhiana and all subsequent proceedings arising therefrom on the basis of compromise dated 03.02.2020 (Annexure P-2) are quashed qua the petitioners.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
09.05.2024
pry


             Whether Speaking/reasoned          Yes/No
             Whether Reportable                 Yes/No




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