Baldev Singh And Anr vs State Of Punjab And Another

Punjab-Haryana High Court

Baldev Singh And Anr vs State Of Punjab And Another on 8 May, 2024

                                      Neutral Citation No:=2024:PHHC:063984



                                                         2024:PHHC:063984

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

290                                           CRM-M-12925-2024
                                              Date of Decision:08.05.2024
BALDEV SINGH AND ANR                                       .....Petitioners

                         Vs.

STATE OF PUNJAB AND ANOTHER                                .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:-   Mrs. Arshdeep Kaur, Advocate
            for the petitioners.

            Mr. Ramandeep Singh, Sr. DAG, Punjab.

            Mr. Sukhjit Singh, Advocate for respondent No.2.


                         ****
DEEPAK GUPTA, J.

Reply dated 08.05.2024 by way of affidavit of Shri Jasjyot Singh, PPS, DSP, Jagraon, District Ludhiana (Rural) has been filed on behalf of the respondent No.1-State and the same is taken on record.

Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.137 dated 21.09.2020, under Sections 447, 420 and 120-B IPC, registered at Police Station City Jagraon, District Ludhiana Rural and all subsequent proceedings arising therefrom on the basis of compromise dated 08.05.2023 (Annexure P-2).

This Court vide order dated 13.03.2024 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 Sub Divisional Judicial Magistrate, Jagraon and got their statements 1 of 2 ::: Downloaded on - 09-05-2024 05:59:21 ::: Neutral Citation No:=2024:PHHC:063984 CRM-M-12925-2024 -2- 2024:PHHC:063984 recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 18.04.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.

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.137 dated 21.09.2020, under Sections 447, 420 and 120-B IPC, registered at Police Station City Jagraon, District Ludhiana Rural and all subsequent proceedings arising therefrom on the basis of compromise dated 08.05.2023 (Annexure P-2) are quashed qua the petitioners.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
08.05.2024
pry


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




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