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Gurpreet Singh And Others vs State Of Punjab And Anothers
2023 Latest Caselaw 20983 P&H

Citation : 2023 Latest Caselaw 20983 P&H
Judgement Date : 4 December, 2023

Punjab-Haryana High Court

Gurpreet Singh And Others vs State Of Punjab And Anothers on 4 December, 2023

                                                          Neutral Citation No:=2023:PHHC:154242




                                              2023:PHHC:154242
292        IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH
                                    CRM-M-31185-2023
                                    Date of decision: 04.12.2023

GURPREET SINGH AND OTHERS
                                                                 ...PETITIONERS
                           V/S

STATE OF PUNJAB AND ANOTHER
                                                                 ...RESPONDENTS

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:     Mr. Pardeep Kumar Kapila, Advocate for the petitioners.

             Mr. Parneet Singh Pandher, AAG, Punjab.

             Mr. Jasdeep Singh, Advocate for 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.314 dated 20.12.2022, registered under Sections 341,

323, 148 and 149 of IPC (Section 455 IPC added later on) at Police Station

Sadar Mansa, District Mansa and all subsequent proceedings arising therefrom

on the basis of compromise dated 30.05.2023 (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 Additional Chief Judicial Magistrate, Mansa and got their statements

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

submitted report dated 07.11.2023 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:154242

2023:PHHC:154242

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.314 dated 20.12.2022, registered under Sections 341,

323, 148 and 149 of IPC (Section 455 IPC added later on) at Police Station

Sadar Mansa, District Mansa 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:154242

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