Partap Singh And Others vs State Of Punjab And Others
2023 Latest Caselaw 13890 P&H

                                                         Neutral Citation No:=2023:PHHC:110292




                                                         2023:PHHC:110292

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

279                                           CRM-M-24624-2023
                                              Date of Decision:23.08.2023

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

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Lajpat Rai Sharma, Advocate
            for the petitioners.

            Mr. Parneet Singh Pandher, AAG, Punjab.

            Mr. Lalit Pardhan, Advocate for
            Ms. Seenu Ravish, 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.76 dated 14.07.2022 registered under Sections 336,

342, 323, 148, 149 of the IPC, 1860 and Sections 25, 27 of Arms Act, 1959

registered at Police Station Arniwala, District Fazilka and all subsequent

proceedings arising therefrom on the basis of compromise/affidavit dated

16.08.2022 (Annexure P-2).

This Court vide order dated 15.05.2023 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

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

report dated 21.08.2023 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

Nos.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.76 dated 14.07.2022

registered under Sections 336, 342, 323, 148, 149 of the IPC, 1860 and

Sections 25, 27 of Arms Act, 1959 registered at Police Station Arniwala,

District Fazilka and all subsequent proceedings arising therefrom on the

basis of compromise/affidavit dated 16.08.2022 (Annexure P-2), are

quashed qua the petitioners.

                                                        ( DEEPAK GUPTA )
August 23, 2023                                              JUDGE
Neetika Tuteja


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




                                                             Neutral Citation No:=2023:PHHC:110292

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