Saurabh Rampal Alias Saurabh ... vs State Of Punjab And Another
2023 Latest Caselaw 14522 P&H

                                                         Neutral Citation No:=2023:PHHC:113423




                                                         2023:PHHC:113423

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

257 (02 cases)                                CRM-M-10807-2021
                                              Date of Decision:29.08.2023

Saurabh Rampal @ Saurabh Malhotra & Ors.                   .....Petitioners
            Vs.
State of Punjab & Anr.                                     .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. A.S. Mann, Advocate for
            the petitioners.

            Mr. Parneet Singh Pandher, AAG, Punjab.

            Mr. G.K. Mann, Sr. Advocate with
            Mr. Anmol Jeevan Singh Gill, Advocate
            for respondent No.2.

                         ****

DEEPAK GUPTA, J.

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

quashing of DDR No.42 dated 06.11.2020 registered under Sections 308,

452, 379-B, 323, 427, 506, 148, 149 of the IPC registered in F.I.R. No.225

dated 05.11.2020 registered under Sections 307, 336, 323, 148, 149 of the

IPC & Sections 25/27 of Arms Act registered at Police Station

Chheharata, District Police Commissionerate Amrtisar and all subsequent

proceedings arising therefrom on the basis of compromise dated 01.02.2021

(Annexure P-3).

This Court vide order dated 15.03.2021 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.

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Neutral Citation No:=2023:PHHC:113423

2023:PHHC:113423

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 18.05.2021 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

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 DDR No.42 dated 06.11.2020

registered under Sections 308, 452, 379-B, 323, 427, 506, 148, 149 of the

IPC registered in F.I.R. No.225 dated 05.11.2020 registered under Sections

307, 336, 323, 148, 149 of the IPC & Sections 25/27 of Arms Act registered

at Police Station Chheharata, District Police Commissionerate Amrtisar and

all subsequent proceedings arising therefrom on the basis of compromise

dated 01.02.2021 (Annexure P-3), are quashed qua the petitioners.

                                                        ( DEEPAK GUPTA )
August 29, 2023                                              JUDGE
Neetika Tuteja


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



                                                             Neutral Citation No:=2023:PHHC:113423

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