Nilakash Gautam @ Liknesh Gautam @ Fauji ... vs State Of Punjab And Others
2023 Latest Caselaw 20974 P&H

Punjab-Haryana High Court

Nilakash Gautam @ Liknesh Gautam @ Fauji ... vs State Of Punjab And Others on 4 December, 2023

                                                           Neutral Citation No:=2023:PHHC:154327




                                                2023:PHHC:154327
298          IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH
                                      CRM-M-48984-2023
                                      Date of decision: 04.12.2023
NILAKASH GAUTAM @ LIKNESH GAUTAM @ FAUJI AND
OTHERS
                                     ...PETITIONERS
                V/S

STATE OF PUNJAB AND OTHERS
                                                                  ...RESPONDENTS

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:       Mr. B.S. Khehar, Advocate for the petitioners.

               Mr. Parneet Singh Pandher, AAG, Punjab.

               Mr. Bhupender Singh, Advocate for
               Mr. Hemant Saini, Advocate for respondent Nos.2 to 4.
            ****
DEEPAK GUPTA J. (ORAL)

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

quashing of F.I.R. No.55 dated 04.03.2023, registered under Sections 307, 341,

323, 148, 149 and 506 of IPC at Police Station Sadar Kharar, District SAS

Nagar and all subsequent proceedings arising therefrom on the basis of

compromise dated 28.03.2023 (Annexure P-2).

This Court vide order dated 12.10.2023 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.

Pursuant to the aforesaid order, parties have appeared before

learned Judicial Magistrate Ist Class, Kharar and got their statements recorded.

On the basis of the statements so recorded, learned Magistrate has submitted

report dated 20.11.2023 to the effect that the compromise has been effected

between the parties is genuine, voluntarily and without any coercion or undue

influence.

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Neutral Citation No:=2023:PHHC:154327

2023:PHHC:154327

Learned State counsel as well as learned counsel for respondent

No.2 to 4 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.55 dated 04.03.2023, registered under Sections 307,

341, 323, 148, 149 and 506 of IPC at Police Station Sadar Kharar, District SAS

Nagar and all subsequent proceedings arising therefrom on the basis of

compromise qua petitioner(s), are hereby quashed.

                                                            (DEEPAK GUPTA)
December 04, 2023                                                JUDGE
manisha


            (i)     Whether speaking/reasoned                    Yes/No

            (ii)    Whether reportable                           Yes/No




                                                          Neutral Citation No:=2023:PHHC:154327

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