Gurjinder Singh @ Minta And Ors vs State Of Punjab And Others

Punjab-Haryana High Court

Gurjinder Singh @ Minta And Ors vs State Of Punjab And Others on 14 May, 2024

                                           Neutral Citation No:=2024:PHHC:067611



                                                             2024:PHHC:067611

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH
282                                                CRM-M-32970-2023
                                                   Date of Decision:14.05.2024
GURJINDER SINGH @ MINTA AND ORS.                                 .....Petitioners
                           Vs.
STATE OF PUNJAB AND OTHERS                                       .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:-    Mr. Paras Jagga, Advocate
             for the petitioners.
             Mr. Iqbalpreet Singh, AAG, Punjab.
             Mr. Bikramjit Singh, Advocate for
             Mr. Dhanvir Batish, Advocate for respondent Nos.2 & 3.

             ****
DEEPAK GUPTA, J.

Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.24 dated 16.03.2023, under Sections 452, 323, 506 and 34 IPC, 1860, registered at Police Station Julkan, District Patiala and all subsequent proceedings arising therefrom on the basis of compromise/affidavit dated 29.03.2023 (Annexure P-2).

This Court vide orders dated 18.08.2023 and 24.01.2024 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, Patiala and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted reports dated 25.10.2023 and 02.04.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.

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                                        Neutral Citation No:=2024:PHHC:067611



CRM-M-32970-2023                        -2-          2024:PHHC:067611

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 FIR No.24 dated 16.03.2023, under Sections 452, 323, 506 and 34 IPC, 1860, registered at Police Station Julkan, District Patiala and all subsequent proceedings arising therefrom on the basis of compromise/affidavit dated 29.03.2023 (Annexure P-2) are quashed qua the petitioners.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
14.05.2024
pry


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




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