Dilbagh Singh And Others vs State Of Punjab And Others
2023 Latest Caselaw 14049 P&H

                                                         Neutral Citation No:=2023:PHHC:111089




                                                         2023:PHHC:111089

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

285                                           CRM-M-23024-2023
                                              Date of Decision:24.08.2023

Dilbagh Singh & Others                                     .....Petitioners
            Vs.
State of Punjab and Others                                 .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Amit Dhawan, Advocate
            for the petitioners.

            Mr. Parneet Singh Pandher, AAG, Punjab.

            Mr. Ramandeep Singh Brar, Advocate for
            Mr. Abhimanyu Vinayak, 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.144 dated 26.06.2020 registered under Sections 323,

341, 506, 427, 148, 149 of the IPC (Section 325 of the IPC added later on)

registered at Police Station Mehatpur, District Jalandhar (Rural) and all

subsequent proceedings arising therefrom on the basis of compromise &

affidavit dated 23.12.2022 (Annexure P-2 & Annexure P-3).

This Court vide order dated 08.05.2023 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 31.05.2023 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.144 dated 26.06.2020

registered under Sections 323, 341, 506, 427, 148, 149 of the IPC (Section

325 of the IPC added later on) registered at Police Station Mehatpur, District

Jalandhar (Rural)and all subsequent proceedings arising therefrom on the

basis of compromise & affidavit dated 23.12.2022 (Annexure P-2 &

Annexure P-3), are quashed qua the petitioners.

                                                        ( DEEPAK GUPTA )
August 24, 2023                                              JUDGE
Neetika Tuteja


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




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