Mewa Singh And Ors vs State Of Punjab And Others
2023 Latest Caselaw 11969 P&H

                                                         Neutral Citation No:=2023:PHHC:100915




                                                         2023:PHHC:100915

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

235 (02 cases)                                CRM-M-22670-2022
                                              Date of Decision:04.08.2023

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

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Satnam Singh, Advocate with
            Mr. Sunil Kumar Dahiya, Advocate for
            Mr. Harsh Chopra, Advocate for the petitioners.

            Mr. Randeep Singh Khaira, DAG, Punjab.

            Mr. Amit Kumar Saini, 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.47 dated 22.03.2021 registered under Sections 323,

341, 324, 34 of the IPC (Sections 325, 326 of the IPC added later on)

registered at Police Station Machhiwara, Police District Khanna and all

subsequent proceedings arising therefrom on the basis of compromise dated

29.03.2022 (Annexure P-3).

This Court vide order dated 24.05.2022 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

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the basis of the statements so recorded, Learned Magistrate has submitted

report dated 15.06.2022 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

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.47 dated 22.03.2021

registered under Sections 323, 341, 324, 34 of the IPC (Sections 325, 326 of

the IPC added later on) registered at Police Station Machhiwara, Police

District Khanna and all subsequent proceedings arising therefrom on the

basis of compromise dated 29.03.2022 (Annexure P-3), are quashed qua the

petitioners.

August 04, 2023                                         ( DEEPAK GUPTA )
Neetika Tuteja                                               JUDGE

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




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