Citation : 2023 Latest Caselaw 21119 P&H
Judgement Date : 5 December, 2023
Neutral Citation No:=2023:PHHC:155052
2023:PHHC:155052
284 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-37792-2023
Date of decision: 05.12.2023
GURLAL SINGH @ LALI AND OTHERS
...PETITIONERS
V/S
STATE OF PUNJAB AND ANOTHER
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: Ms. Navjot Kaur, Advocate for
Mr. A.S. Khinda, Advocate for the petitioners.
Mr. Parneet Singh Pandher, AAG, Punjab.
****
DEEPAK GUPTA J. (ORAL)
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of F.I.R. No.18 dated 03.02.2022, registered under Sections 323, 341,
325, 506, 427, 34 of IPC at Police Station Sultanpur Lodhi, District Kapurthala
and all subsequent proceedings arising therefrom on the basis of compromise
dated 27.07.2023 (Annexure P-2).
This Court vide order dated 03.08.2023, 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 Sub Divisional Judicial Magistrate, Sultanpur Lodhi and got their
statements recorded. On the basis of the statements so recorded, learned
Magistrate has submitted report dated 13.09.2023 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:155052
2023:PHHC:155052
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.18 dated 03.02.2022, registered under Sections 323,
341, 325, 506, 427, 34 of IPC at Police Station Sultanpur Lodhi, District
Kapurthala and all subsequent proceedings arising therefrom on the basis of
compromise qua petitioner(s), are hereby quashed.
(DEEPAK GUPTA)
December 05, 2023 JUDGE
manisha
(i) Whether speaking/reasoned Yes/No
(ii) Whether reportable Yes/No
Neutral Citation No:=2023:PHHC:155052
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