Vinod Sharma And Anr vs State Of Punjab And Another

Punjab-Haryana High Court

Vinod Sharma And Anr vs State Of Punjab And Another on 13 May, 2024

                                       Neutral Citation No:=2024:PHHC:066781



                                                          2024:PHHC:066781

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH
277                                            CRM-M-28539-2023
                                               Date of Decision:13.05.2024
VINOD SHARMA AND ANR                                 .....Petitioners
                          Vs.
STATE OF PUNJAB AND ANOTHER                          .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:-   Mr. Naveen K. Kaushal, Advocate for
            Mr. PKS Phoolka, Advocate
            for the petitioners.
            Mr. Iqbalpreet Singh, AAG, Punjab
            Mr. Davinder Kumar, 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.0063 dated 15.06.2021, under Sections 384, 506 and 120-B IPC, registered at Police Station Satnampura, District Kapurthala, Punjab and all subsequent proceedings arising therefrom on the basis of compromise dated 22.05.2023 (Annexure P-2).

This Court vide order dated 01.06.2023 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 Judicial Magistrate Ist Class, Phagwara and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 21.08.2023 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.

1 of 2 ::: Downloaded on - 15-05-2024 05:02:19 ::: Neutral Citation No:=2024:PHHC:066781 CRM-M-28539-2023 -2- 2024:PHHC:066781 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 FIR No.0063 dated 15.06.2021, under Sections 384, 506 and 120-B IPC, registered at Police Station Satnampura, District Kapurthala, Punjab and all subsequent proceedings arising therefrom on the basis of compromise dated 22.05.2023 (Annexure P-2) are quashed qua the petitioners.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
13.05.2024
pry


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




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