Punjab-Haryana High Court
Lal Singh And Ors vs State Of Punjab And Ors on 23 October, 2024
Neutral Citation No:=2024:PHHC:139271
CRM-M-45278-2024(O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
270 CRM-M-45278-2024(O&M)
Date of Decision: 23.10.2024
SOHAN SINGH AND ORS ....PetitionerS
VERSUS
STATE OF PUNJAB AND ORS ....Respondent
CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. B.B.S. Randhawa, Advocate for the petitioners.
Mr. Amandeep Singh Samra, AAG, Punjab.
Mr. Rahul Kumar Prashar, Advocate for respondents no.2.
MANISHA BATRA, J. (Oral)
The present petition has been filed under Section 482 of Code of Criminal Procedure for quashing of G.D. No.26 dated 20.06.2023 in FIR No.46 dated 19.06.2023 under Sections 324, 323, 429, 148 and 149 of IPC registered at Police Station Ghanie Ke Banger, District Batala and all the subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-3).
2. This Court vide order dated 11.09.2024 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.
3. Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate 1st Class, Batala and got their statements 1 of 2 ::: Downloaded on - 29-10-2024 04:15:14 ::: Neutral Citation No:=2024:PHHC:139271 CRM-M-45278-2024(O&M) 2 recorded. On the basis of the statements so recorded, learned Magistrate has submitted copy of report dated 16.10.2024 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 quashing of G.D. No.26 dated 20.06.2023 in FIR No.46 dated 19.06.2023 under Sections 324, 323, 429, 148 and 149 of IPC registered at Police Station Ghanie Ke Banger, District Batala and all subsequent proceedings arising therefrom on the basis of compromise (Annexure P-3) are quashed qua the petitioners.
( MANISHA BATRA ) 23.10.2024 JUDGE Deepak Patwal
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No 2 of 2 ::: Downloaded on - 29-10-2024 04:15:15 :::