Citation : 2023 Latest Caselaw 21125 P&H
Judgement Date : 5 December, 2023
Neutral Citation No:=2023:PHHC:155060
2023:PHHC:155060
287 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-52014-2023
Date of decision: 05.12.2023
RAJANDEEP SINGH
...PETITIONER
V/S
STATE OF PUNJAB AND OTHERS
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: Mr. Kunal R. Choksi, Advocate for the petitioner.
Mr. Parneet Singh Pandher, AAG, Punjab.
Ms. Sandeep Kaur, Advocate for respondents No.2 and 3.
****
DEEPAK GUPTA J. (ORAL)
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of F.I.R. No.268 dated 29.10.2018, registered under Sections 279,
337, 338, 427 of IPC at Police Station Sadar Tarntaran, District Tarntaran and
all subsequent proceedings arising therefrom on the basis of compromise dated
29.09.2023 (Annexure P-2).
This Court vide order dated 13.10.2023, 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, Tarn Taran and got their
statements recorded. On the basis of the statements so recorded, learned
Magistrate has submitted report dated 06.11.2023 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:155060
2023:PHHC:155060
Learned State counsel as well as learned counsel for respondent
Nos.2 and 3 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.268 dated 29.10.2018, registered under Sections 279,
337, 338, 427 of IPC at Police Station Sadar Tarntaran, District Tarntaran 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:155060
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