Amarjit Singh And Ors vs State Of Punjab And Others
2023 Latest Caselaw 5574 P&H

                                                        Neutral Citation No:=2023:PHHC:060319




                                                        2023:PHHC:060319

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH
                           ****
244                             CRM-M-4870-2023
                                Date of Decision:27.04.2023

Amarjit Singh and Others                           .....Petitioners
                 Vs.
State of Punjab and Others                         .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. J.S. Benipal, Advocate
            for the petitioner.

            Mr. Gurpreet Singh Shergill, AAG, Punjab.

            Ms. Harpreet Kaur, Advocate
            for respondent No.2.

                        ****
DEEPAK GUPTA, J.

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

quashing of F.I.R. No.77 dated 05.05.2021 registered under Sections

323, 451, 427, 506, 148, 149 of the IPC registered at Police Station

Machhiwara, Police District Khanna, District Ludhiana and all

subsequent proceedings arising therefrom on the basis of compromise

dated 09.01.2023 (Annexure P-4).

This Court vide order dated 01.02.2023 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.

Pursuant to the aforesaid order, parties have appeared

before Learned Judicial Magistrate 1st Class and got their statements

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

Magistrate has submitted report dated 14.02.2023 to the effect that the

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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

F.I.R. No.77 dated 05.05.2021 registered under Sections 323, 451, 427,

506, 148, 149 of the IPC registered at Police Station Machhiwara,

Police District Khanna, District Ludhiana and all subsequent

proceedings arising therefrom on the basis of compromise dated

09.01.2023 (Annexure P-4), are quashed qua the petitioners.

April 27, 2023                                         ( DEEPAK GUPTA )
Neetika Tuteja                                              JUDGE
                 Whether Speaking/reasoned        Yes/No
                 Whether Reportable               Yes/No




                                                             Neutral Citation No:=2023:PHHC:060319

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