Bhupinder Goel And Anr vs State Of Punjab
2023 Latest Caselaw 21462 P&H

Punjab-Haryana High Court

Bhupinder Goel And Anr vs State Of Punjab on 8 December, 2023

                                                         Neutral Citation No:=2023:PHHC:157432




S. No.233                        2023:PHHC:157432
      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH
                   ****
                             CRM-M-36352 of 2023
                             Date of Decision:08.12.2023

Bhupinder Goel and another                   .....Petitioners
      Vs.
State of Punjab and another                  .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Ankush Thakral, Advocate
            for the petitioners.

            Mr. P.S. Pandher, AAG, Punjab.

            Mr. Pulkit Sachdeva, 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.40 dated 16.05.2002 registered under Sections 384,

388, 192, 211, 148, 149 IPC and Sections 25, 27 (Act No.54 of 1959) of the

Arms Act along with all subsequent proceedings arising therefrom, on the

basis of compromise.

This Court vide order dated 16.10.2023 had directed the parties

to appear before the trial Court/Area Magistrate to get their statements

recorded and the learned Magistrate was directed to send its report qua the

genuineness of the compromise.

Pursuant to the aforesaid order, parties have appeared before

learned Chief Judicial Magistrate, Ferozepur and got their statements

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

submitted report dated 07.12.2023 to the effect that the compromise

1 of 2

Neutral Citation No:=2023:PHHC:157432

CRM-M-36352 of 2023 -2- 2023:PHHC:157432

has been effected between the parties voluntarily and without

any coercion or undue influence.

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.40 dated 16.05.2002

registered under Sections 384, 388, 192, 211, 148, 149 IPC and Sections 25,

27 (Act No.54 of 1959) of the Arms Act along with all subsequent proceedings

arising therefrom, on the basis of compromise, are quashed qua the

petitioners.

December 08, 2023                                    ( DEEPAK GUPTA )
renu                                                      JUDGE
          Whether Speaking/reasoned             Yes/No
          Whether Reportable                    Yes/No




                                                           Neutral Citation No:=2023:PHHC:157432

                                       2 of 2