Lakhwinder Singh Alias Bhola And Others vs State Of Punjab And Others

Punjab-Haryana High Court

Lakhwinder Singh Alias Bhola And Others vs State Of Punjab And Others on 2 May, 2024

                                      Neutral Citation No:=2024:PHHC:060605



                                                         2024:PHHC:060605

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

202                                           CRM-M-60854-2023
                                              Date of Decision:02.05.2024

LAKHWINDER SINGH ALIAS BHOLA AND OTHERS
                                    .....Petitioners

                         Vs.

STATE OF PUNJAB AND OTHERS                                  .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Ankit Kharbanda, Advocate
            for the petitioners.
            Mr. Ramandeep Singh, Sr. DAG, Punjab.

            Mr. Anirudh Gupta, Advocate for respondent Nos. 2 to 5.

                         ****
DEEPAK GUPTA, J.

Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.0063 dated 10.03.2021 under Sections 452, 323, 427, 506, 148 and 149 IPC, registered at Police Station Jandiala, District Amritsar Rural and all subsequent proceedings arising therefrom on the basis of compromise dated 15.11.2023 (Annexure P-2).

This Court vide order dated 04.12.2023 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, Amrtisar and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 20.12.2023 to the effect that the compromise has been effected 1 of 2 ::: Downloaded on - 03-05-2024 06:50:58 ::: Neutral Citation No:=2024:PHHC:060605 CRM-M-60854-2023 -2- 2024:PHHC:060605 between the parties voluntarily and without any coercion or undue influence.

Learned State counsel as well as counsel for respondent Nos.2 to 5 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 10.03.2021 under Sections 452, 323, 427, 506, 148 and 149 IPC, registered at Police Station Jandiala, District Amritsar Rural and all subsequent proceedings arising therefrom on the basis of compromise dated 15.11.2023 (Annexure P-2) are quashed qua the petitioners.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
02.05.2024
pry


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




                                       2 of 2
                   ::: Downloaded on - 03-05-2024 06:50:59 :::