Kulvir Singh And Others vs State Of Punjab And Others
2023 Latest Caselaw 11688 P&H

                                                         Neutral Citation No:=2023:PHHC:099189




                                                         2023:PHHC:099189

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH
                           ****

278                                           CRM-M-22561-2023
                                              Date of Decision:02.08.2023

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

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Jupinder Pal Singh Brar, Advocate
            for the petitioners.

            Mr. Parneet Singh Pandher, AAG, Punjab.

            Mr. Vipul Babuta, Advocate for
            respondent Nos.2 & 3.

                         ****

DEEPAK GUPTA, J.

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

quashing of F.I.R. No.167 dated 22.09.2022 registered under Sections 307,

452, 324, 323, 341, 506, 148, 149 of the IPC (Sections 325, 326 of the IPC

were added later on) registered at Police Station Talwandi Sabo, District

Bathinda and all subsequent proceedings arising therefrom on the basis of

compromise dated 16.01.2023 (Annexure P-2).

This Court vide order dated 05.05.2023 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

1 of 2

Neutral Citation No:=2023:PHHC:099189

2023:PHHC:099189

report dated 03.06.2023 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 & 3 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.167 dated 22.09.2022

registered under Sections 307, 452, 324, 323, 341, 506, 148, 149 of the IPC

(Sections 325, 326 of the IPC were added later on) registered at Police

Station Talwandi Sabo, District Bathinda and all subsequent proceedings

arising therefrom on the basis of compromise dated 16.01.2023 (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:099189

                                         2 of 2