Punjab-Haryana High Court
Brijesh Kumar And Ors vs State Of Punjab And Another on 21 November, 2024
Neutral Citation No:=2024:PHHC:153747
CRM-M-49475-2024(O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
288 CRM-M-49475-2024(O&M)
Date of Decision: 21.11.2024
BRIJESH KUMAR AND ORS ....Petitioners
VERSUS
STATE OF PUNJAB AND ANOTHER ....Respondents
CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. Inder Singh, Advocate for the petitioners.
Mr. Amandeep Singh Samra, AAG, Punjab.
Mr. Gaurav Kumar, Advocate for
Mr. Rajinder Kumar, Advocate for respondent no.2.
MANISHA BATRA, J. (Oral)
The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.252 dated 17.10.2022, under Sections 384 (later on converted into 387), 507 read with Section 511 IPC of registered at Police Station Lambi, District Sri Muktsar Sahib and all the subsequent proceedings arising therefrom, on the basis of compromise dated 15.09.2024 (Annexure P-2).
2. This Court vide order dated 03.10.2024 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.
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3. Pursuant to the aforesaid order, parties have appeared before the learned Sub Divisional Judicial Magistrate, Malout and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted copy of report dated 04.11.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.
4. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties.
5. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR.
6. 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.252 dated 17.10.2022, under Sections 384 (later on converted into 387), 507 read with Section 511 IPC of registered at Police Station Lambi, District Sri Muktsar and all subsequent proceedings arising therefrom on the basis of compromise dated 15.09.2024 (Annexure P-2) are quashed qua the petitioners.
( MANISHA BATRA ) 21.11.2024 JUDGE Deepak Patwal
1. Whether speaking/reasoned : Yes/No
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