Neetu And Another vs State Of Punjab And Another
2023 Latest Caselaw 20858 P&H

Punjab-Haryana High Court

Neetu And Another vs State Of Punjab And Another on 1 December, 2023

                                                           Neutral Citation No:=2023:PHHC:153210




234 IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

                                  Neutral Citation No. 2023:PHHC:153210
                                  CRM-M-47340-2023
                                  Date of Decision: December 01, 2023

Neetu and another                               ...Petitioners

                    Versus

State of Punjab and another                     ...Respondents
CORAM:      HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:-   Mr. B.D. Sharma, Advocate for the petitioners.
            Mr. Parneet Singh Pandher, AAG, Punjab.
            Mr. Vikas Kumar, Advocate for
            Mr. Pawan Sharma, Advocate for the respondent No.2.

DEEPAK GUPTA, J.(Oral)

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

quashing of F.I.R. No.4 dated 07.01.2023, under Sections 381, 411 and 34

of IPC, registered at Police Station Div. 4, District Jalandhar on the basis

of compromise deed dated 06.09.2023 (Annexure P-2).

2. This Court vide order dated 20.09.2023 had directed the

parties to appear before the Trial Court/Illaqa Magistrate to get their

statements recorded and the learned Magistrate was directed to send

his/her report qua the genuineness of the compromise.

3. Pursuant to the aforesaid order, parties have appeared before

learned Chief Judicial Magistrate, Jalandhar and got their statements

recorded. On the basis of the statements so recorded, learned Magistrate

has submitted report dated 02.11.2023 to the effect that the compromise

has been effected between the parties voluntarily and without any

coercion or undue influence.

4. Statement of Respondent No.2-complainant, namely, Dr.

Pushpinder Kumar with regard to compromise was recorded before

learned Magistrate on 05.10.2023.

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Neutral Citation No:=2023:PHHC:153210

Neutral Citation No. 2023:PHHC:153210 CRM-M-47340-2023

5. Learned State counsel as well as learned counsel for

respondent No.2 have not disputed the factum of compromise between the

parties.

6. 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.4 dated 07.01.2023, under

Sections 381, 411 and 34 of IPC, registered at Police Station Div. 4,

District Jalandhar on the basis of compromise deed dated 06.09.2023

(Annexure P-2) qua petitioner(s), are hereby quashed.

December 01, 2023                               (DEEPAK GUPTA)
sarita                                              JUDGE
                  Whether reasoned/speaking: Yes/No
                  Whether reportable:        Yes/No




                                                         Neutral Citation No:=2023:PHHC:153210

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