Suman Bala And Others vs State Of Punjab And Another

Punjab-Haryana High Court

Suman Bala And Others vs State Of Punjab And Another on 2 May, 2024

                                       Neutral Citation No:=2024:PHHC:060621



                                                          2024:PHHC:060621

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

296                                            CRM-M-9302-2024
                                               Date of Decision:02.05.2024
SUMAN BALA AND OTHERS                                       .....Petitioners

                          Vs.

STATE OF PUNJAB AND ANOTHER                                  .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:-   Mr. Madhav Rao B. Rajwade, Advocate
            for the petitioners.
            Mr. Ramandeep Singh, Sr. DAG, Punjab.
            Mr. S.S. Gill, 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.18 dated 15.03.2023 under Sections 452, 323, 427 and 34 IPC, registered at Police Station Kiratpur Sahib, District Rupnagar and all subsequent proceedings arising therefrom on the basis of compromise dated 18.10.2023 (Annexure P-2).

This Court vide order dated 20.03.2024 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, Sri Anandpur Sahib and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 03.04.2024 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 - 03-05-2024 06:52:55 ::: Neutral Citation No:=2024:PHHC:060621 CRM-M-9302-2024 -2- 2024:PHHC:060621 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.18 dated 15.03.2023 under Sections 452, 323, 427 and 34 IPC, registered at Police Station Kiratpur Sahib, District Rupnagar and all subsequent proceedings arising therefrom on the basis of compromise dated 18.10.2023 (Annexure P-2) are quashed qua the petitioners.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
02.05.2024
pry


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




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