Deepak Kumar And Ors vs State Of Punjab And Others
2023 Latest Caselaw 21671 P&H

Punjab-Haryana High Court

Deepak Kumar And Ors vs State Of Punjab And Others on 12 December, 2023

                                                         Neutral Citation No:=2023:PHHC:158967




                                                     2023:PHHC:158967

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

(278)                                   CRM-M-52589-2023
                                        Date of decision:- 12.12.2023.


Deepak Kumar and ors.                                       ...Petitioners
                                Versus
State of Punjab and ors.                                    ...Respondents

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:    Mr. Sandeep Arora, Advocate for the petitioners.

            Mr. Parneet Singh Pandher, AAG, Punjab.

            Mr. G.S.Rawat, Advocate for respondents No.2 and 3.
            ****

DEEPAK GUPTA, J. (Oral)

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

quashing of F.I.R. No.133 dated 24.09.2020, registered under Sections

452, 323, 324, 506, 148, 149, 34 of IPC at Police Station Mehtiana,

District Hoshiarpur (Annexure P-1) and all subsequent proceedings

arising therefrom on the basis of compromise between the parties.

2. This Court vide order dated 17.10.2023 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

his/her report qua the genuineness of the compromise.

3. Pursuant to the aforesaid order, parties have appeared before

learned Judicial Magistrate First Class, Hoshiarpur and got their

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

Magistrate has submitted report dated 17.11.2023 to the effect that the

compromise has been effected between the parties voluntarily and without

any coercion or undue influence.

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4. Statement of respondents No.2 and No.3-complainant,

namely, Amrit Pal and Ajit Pal Singh respectively with regard to

compromise was recorded before learned Magistrate on 06.11.2023.

5. Learned State counsel as well as learned counsel for

respondents No.2 and 3 have not disputed the factum of compromise

between the parties.

6. 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.133 dated 24.09.2020,

registered under Sections 452, 323, 324, 506, 148, 149, 34 of IPC at

Police Station Mehtiana, District Hoshiarpur (Annexure P-1) and all

subsequent proceedings arising therefrom on the basis of compromise qua

petitioners, are hereby quashed.

                                                       (DEEPAK GUPTA)
                                                           JUDGE
12th December, 2023
spn
                   Whether speaking/reasoned    : Yes/No
                   Whether Reportable            : Yes/No

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