Punjab-Haryana High Court
Buta Singh vs State Of Punjab And Another on 5 September, 2024
Neutral Citation No:=2024:PHHC:116618
CRM-M-22665-2024(O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
272 CRM-M-22665-2024(O&M)
Date of Decision: 05.09.2024
BUTA SINGH ....Petitioner
VERSUS
STATE OF PUNJAB AND ANOTHER ....Respondents
CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. Kanwaljit Singh, Advocate for the petitioner.
Mr. Satjot Singh, AAG, Punjab.
Mr. Satvir Singh, Advocate for respondent no.2
MANISHA BATRA, J. (Oral)
The present petition has been filed under Section 482 of Code of Criminal Procedure for quashing of FIR No.68 dated 18.04.2021 under Sections 377, 511 and 506 of IPC (Section 18 of POCSO Act, 2012 added later on) registered at Police Station Samrala District Khanna, Ludhiana and all the subsequent proceedings arising therefrom, on the basis of compromise dated 19.04.2024 (Annexure P-2).
2. This Court vide order dated 10.07.2024 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 Principal Magistrate, Juvenile Justice Board, Ludhiana Additional 1 of 2 ::: Downloaded on - 08-09-2024 04:25:49 ::: Neutral Citation No:=2024:PHHC:116618 CRM-M-22665-2024(O&M) 2 District and Sessions Judge, and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 31.08.2024 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.68 dated 18.04.2021 under Sections 377, 511 and 506 of IPC (Section 18 of POCSO Act, 2012 added later on) registered at Police Station Samrala District Khanna, Ludhiana and all subsequent proceedings arising therefrom on the basis of compromise dated 19.04.2024 (Annexure P-2) are quashed qua the petitioner.
( MANISHA BATRA ) 05.09.2024 JUDGE Deepak Patwal
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No 2 of 2 ::: Downloaded on - 08-09-2024 04:25:50 :::