Amrik Singh vs State Of Punjab And Others
2023 Latest Caselaw 14051 P&H

                                                         Neutral Citation No:=2023:PHHC:110997




                                                         2023:PHHC:110997

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

277                                           CRM-M-60974-2022
                                              Date of Decision:24.08.2023

Amrik Singh                                                .....Petitioner
            Vs.
State of Punjab and Others                                 .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. G.S. Sandhu, Advocate
            for the petitioner.

            Mr. Parneet Singh Pandher, AAG, Punjab.

            Ms. Ramandeep Kaur, 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.307 dated 30.11.2018 registered under Sections 279,

337, 427 of the IPC (Section 338 of the IPC added later on) registered at

Police Station Sohana, District SAS Nagar (Mohali) and all subsequent

proceedings arising therefrom on the basis of compromise dated 20.12.2022

(Annexure P-2).

This Court vide order dated 07.02.2023 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

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report dated 09.06.2023 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

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.307 dated 30.11.2018

registered under Sections 279, 337, 427 of the IPC (Section 338 of the IPC

added later on) registered at Police Station Sohana, District SAS Nagar

(Mohali) and all subsequent proceedings arising therefrom on the basis of

compromise dated 20.12.2022 (Annexure P-2), are quashed qua the

petitioner.

                                                        ( DEEPAK GUPTA )
August 24, 2023                                              JUDGE
Neetika Tuteja


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




                                                             Neutral Citation No:=2023:PHHC:110997

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