Rohit And Others vs State Of Punjab And Others
2023 Latest Caselaw 11685 P&H

                                                         Neutral Citation No:=2023:PHHC:099305




                                                         2023:PHHC:099305

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH
                           ****
276                             CRM-M-15670-2023
                                Date of Decision:02.08.2023

Rohit and Others                                           .....Petitioners
            Vs.
State of Punjab and Others                                 .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Rhythem Bajaj, Advocate
            for the petitioners.

            Mr. Parneet Singh Pandher, AAG, Punjab.

            Ms. Tanisha, Advocate for
            Mr. Sudhanshu Khanna, Advocate
            for respondent Nos.2 to 4.

                         ****

DEEPAK GUPTA, J.

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

quashing of F.I.R. No.16 dated 23.02.2023 registered under Sections 458,

323, 34 of the IPC registered at Police Station City-II Abohar, District

Fazilka and all subsequent proceedings arising therefrom on the basis of

compromise dated 20.03.2023 (Annexure P-2).

This Court vide order dated 13.04.2023 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 11.05.2023 to the effect that the compromise has been effected

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between the parties voluntarily and without any coercion or undue influence.

Learned State counsel as well as learned counsel for respondent

Nos.2 to 4 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.16 dated 23.02.2023

registered under Sections 458, 323, 34 of the IPC registered at Police Station

City-II Abohar, District Fazilka and all subsequent proceedings arising

therefrom on the basis of compromise dated 20.03.2023 (Annexure P-2), are

quashed qua the petitioners.

August 02, 2023                                         ( DEEPAK GUPTA )
Neetika Tuteja                                               JUDGE

                 Whether Speaking/reasoned        Yes/No
                 Whether Reportable               Yes/No




                                                             Neutral Citation No:=2023:PHHC:099305

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