Kulveer Singh Alias Kulvir Singh vs State Of Punjab And Another

Punjab-Haryana High Court

Kulveer Singh Alias Kulvir Singh vs State Of Punjab And Another on 6 May, 2024

                                     Neutral Citation No:=2024:PHHC:062332


284                                                    2024:PHHC:062332

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                                             CRM-M-13339-2024
                                             Decided On: 06.05.2024

KULVEER SINGH ALIAS KULVIR SINGH
                                                               .....PETITIONER(s)

                                      Versus

STATE OF PUNJAB AND ANOTHER
                                                               .....RESPONDENT(s)

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:    Mr. Sukhbir Maandi, Advocate for
            Mr. Paras Jagga, Advocate
            for the petitioner.

            Mr. Ramandeep Singh, Sr. DAG, Punjab.

            Mr. Harvinder Singh, Advocate for
            Mr. Dhanvir Batish, Advocate
            for respondent No.2.

DEEPAK GUPTA, J.(Oral)

Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.145 dated 14.10.2023, registered under Sections 406, 420, 120-B of IPC at Police Station Sirhind, District Fatehgarh Sahib and all subsequent proceedings arising therefrom on the basis of compromise dated 16.12.2023.

This Court vide order dated 15.03.2024 had directed the parties to appear before the Trial Court/Illaqa Magistrate to get their statements recorded and the learned Magistrate was directed to send his/her report qua the genuineness of the compromise.

Pursuant to the aforesaid order, parties have appeared before learned Chief Judicial Magistrate, Fatehgarh Sahib and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report 1 of 2 ::: Downloaded on - 07-05-2024 05:10:13 ::: Neutral Citation No:=2024:PHHC:062332 CRM-M-13339-2024 -2- 2024:PHHC:062332 dated 08.04.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.

Statement of Respondent No.2-complainant, namely, Surinder Singh with regard to compromise was recorded before learned Magistrate on 01.04.2024.

Learned State counsel as well as learned 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 F.I.R. No.145 dated 14.10.2023, registered under Sections 406, 420, 120-B of IPC at Police Station Sirhind, District Fatehgarh Sahib and all subsequent proceedings arising therefrom on the basis of compromise qua petitioner(s), are hereby quashed.

                                                   (DEEPAK GUPTA)
06.05.2024                                             JUDGE
Aman Dua


       Whether speaking/reasoned?                     Yes/No
       Whether reportable?                            Yes/No




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