Kanwar Sher Singh And Others vs State Of Punjab And Another
2023 Latest Caselaw 14275 P&H

                                                         Neutral Citation No:=2023:PHHC:112615




                                                         2023:PHHC:112615

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

282                                           CRM-M-22391-2023
                                              Date of Decision:28.08.2023

Kanwar Sher Singh & Others                                 .....Petitioners
            Vs.
State of Punjab and Another                                .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Kushagra Mahajan, Advocate
            for the petitioners.

            Mr. Parneet Singh Pandher, AAG, Punjab.

            Mr. Ankush Rampal, Advocate
            for respondent No.2.

                         ****

DEEPAK GUPTA, J.

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

quashing of F.I.R. No.134 dated 22.09.2022 registered under Sections

326/34 of the IPC registered at Police Station Sultanwind, District Amritsar

and all subsequent proceedings arising therefrom on the basis of

compromise dated 21.04.2023 (Annexure P-2).

This Court vide order dated 04.05.2023 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

report dated 12.07.2023 to the effect that the compromise has been effected

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2023:PHHC:112615

between the parties voluntarily and without any coercion or undue influence.

Learned State counsel as well as learned counsel for respondent

No.2 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.134 dated 22.09.2022

registered under Sections 326/34 of the IPC registered at Police Station

Sultanwind, District Amritsar and all subsequent proceedings arising

therefrom on the basis of compromise dated 21.04.2023 (Annexure P-2), are

quashed qua the petitioners.

                                                        ( DEEPAK GUPTA )
August 28, 2023                                              JUDGE
Neetika Tuteja


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




                                                             Neutral Citation No:=2023:PHHC:112615

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