Punjab-Haryana High Court
Harvinder Singh Alias Happy And Ors vs State Of Punjab And Ors on 21 November, 2024
Neutral Citation No:=2024:PHHC:153729
CRM-M-14835-2024(O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
280 CRM-M-14835-2024(O&M)
Date of Decision: 21.11.2024
HARVINDER SINGH ALIAS HAPPY AND ORS ....Petitioners
VERSUS
STATE OF PUNJAB AND ORS ....Respondents
CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. Anil Kumar Garg, Advocate for the petitioners.
Mr. Amandeep Singh Samra, AAG, Punjab.
Mr. Naveen Bawa, Advocate for respondent no.2.
Mr. Sham Lal Saha, Advocate for respondent no.3.
MANISHA BATRA, J. (Oral)
The present petition has been filed under Section 482 of Code of Criminal Procedure for quashing of FIR No.0188 dated 08.09.2021 under Sections 324, 323, 506, 380, 452, 120-B, 34 of IPC registered at Police Station Tibba, District Police Commissionerate, Ludhiana and all the subsequent proceedings arising therefrom, on the basis of compromise/settlement dated 20.05.2024.
2. This Court vide order dated 31.08.2024 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 Judicial Magistrate 1st Class, Ludhiana and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 14.11.2024 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 & 3 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.0188 dated 08.09.2021 under Sections 324, 323, 506, 380, 452, 120-B, 34 of IPC registered at Police Station Tibba, District Police Commissionerate, Ludhiana and all subsequent proceedings arising therefrom on the basis of compromise/settlement dated 20.05.2024 are quashed qua the petitioners.
( MANISHA BATRA ) 21.11.2024 JUDGE Deepak Patwal
1. Whether speaking/reasoned : Yes/No
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