Shadi Lal And Others vs State Of Punjab And Others
2023 Latest Caselaw 4068 P&H

                                                         Neutral Citation No:=2023:PHHC:051519




S. No.248                       2023:PHHC:051519
      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH
                   ****
                            CRM-M-51195 of 2022
                            Date of Decision:13.04.2023

Shadi Lal and others                         .....Petitioners
      Vs.
State of Punjab and another                  .....Respondents



CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Prince Singh, Advocate for
            Mr. Gaurav Dutta, Advocate for the petitioners.

            Mr. G.S. Shergill, AAG, Punjab.

            Mr. Hardik Ahluwalia, Advocate for
            Mr. Simarpreet Singh, Advocate for respondent
            No.2- complainant.
                       ****

DEEPAK GUPTA, J.

Prayer in this petition filed under Section 482 Cr.P.C. is for

quashing of FIR No.20 dated 27.04.2017 registered under Sections

323, 325 and 34 IPC at Police Station Pojewal, District SBS Nagar and

all subsequent proceedings arising therefrom on the basis of

compromise dated 20.10.2022 (Annexure P-2).

This Court vide order dated 23.11.2022 had directed the

parties to appear before the trial Court/Illaqa Magistrate 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 learned Judicial Magistrate Ist Class, Balachaur and got their

statements recorded. On the basis of the statements so recorded, learned

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Neutral Citation No:=2023:PHHC:051519

CRM-M-51195 of 2022 2023:PHHC:051519

Magistrate has submitted report dated 16.12.2022 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 learned 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.20 dated 27.04.2017 registered

under Sections 323, 325 and 34 IPC at Police Station Pojewal, District SBS

Nagar and all subsequent proceedings arising therefrom on the basis of

compromise dated 20.10.2022 (Annexure P-2), are quashed.

April 13, 2023                                ( DEEPAK GUPTA )
renu                                                JUDGE
            Whether Speaking/reasoned         Yes/No
            Whether Reportable                Yes/No




                                                        Neutral Citation No:=2023:PHHC:051519

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