Varinder Singh And Anr vs State Of Punjab And Anr
2023 Latest Caselaw 11491 P&H

                                                         Neutral Citation No:=2023:PHHC:098576




 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                               Neutral Citation No. 2023:PHHC:098576
                                CRM-M-17420-2023
                                Date of Decision: 01.08.2023

Varinder Singh and another

                                                    ...Petitioners

                                 Versus

State of Punjab and another

                                              ...Respondents

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:- Mr. Saurav Bhatia, Advocate for the petitioners.

Mr. R.S. Khaira, DAG, Punjab.

Ms. Manasvi Mehta, Advocate for respondent No.2.

DEEPAK GUPTA, J.(Oral)

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

quashing of F.I.R. No.28, dated 09.03.2022, registered under Sections

323, 324, 341, 148 and 149 of the Indian Penal Code at Police Station

Behram, District Shaheed Bhagat Singh Nagar and all subsequent

proceedings arising therefrom qua the petitioners on the basis of

compromise dated 27.03.2023 (Annexure P-2).

In compliance of the order dated 13.04.2023, report from

learned Judicial Magistrate Ist Class, Shaheed Bhagat Singh Nagar,

regarding recording of the statements of the parties have been received.

As per the report statement of petitioner No.1 has not been recorded as

he has not appeared before the trial court but the statement of petitioner

No.2 and complainant has been recorded to the effect that the

compromise has been effected between the parties voluntarily and

without any coercion and pressure.

Respondent No.2, namely Jaskaran had made his statement 1 of 2

Neutral Citation No:=2023:PHHC:098576

Neutral Citation No. 2023:PHHC:098576

with regard to compromise before learned Magistrate on 25.04.2023.

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

complaint 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.28, dated 09.03.2022,

registered under Sections 323, 324, 341, 148 and 149 of the Indian Penal

Code at Police Station Behram, District Shaheed Bhagat Singh Nagar

(Annexure P-1) along with all the subsequent proceedings arising

therefrom on the basis of compromise dated 27.03.2023 (Annexure P-2)

effected with complainant-respondent No.2 Jaskaran Singh, are hereby

quashed qua the petitioners.

01.08.2023                                         (DEEPAK GUPTA)
shweta                                                  JUDGE
               Whether reasoned/speaking: Yes/No
               Whether reportable:        Yes/No




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