Punjab-Haryana High Court
Didar Singh vs State Of Punjab And Another on 12 December, 2023
Neutral Citation No:=2023:PHHC:159094
120+275 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Neutral Citation No. 2023:PHHC:159094
CRM-46469-2023 in/and
CRM-M-38779-2023 (O&M)
Date of Decision: December 12, 2023
Didar Singh ...Petitioner
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Manu K. Bhandari, Advocate for the petitioner.
Mr. Parneet Singh Pandher, AAG, Punjab.
Mr. Rohit Kataria, Advocate for respondent Nos.2 and 3.
DEEPAK GUPTA, J.(Oral)
By way of present petition under Section 482 Cr.P.C. prayer
is made for quashing of FIR No.304 dated 29.10.2020, under Sections
325, 323, 506 and 34 of IPC, registered at Police Station Samana, District
Patiala along with all the consequential proceedings arising therefrom, in
view of the compromise dated 24.07.2023 (Annexure P-2).
Only Gurpreet Singh was impleaded as one of the
respondents to the case. The parties were directed to appear before the
Trial Court concerned vide order dated 17.08.2023 for getting their
statements recorded with regard to the compromise.
Report has since been received, as per which petitioner and
respondent No.2 made appearance before the Court concerned and got
their statements recorded regarding the compromise, which has been
found genuine and voluntarily.
An application bearing CRM-46469-2023 has been moved
by the petitioner to implead Jaswinder Singh as respondent No.3. As there
were certain allegations qua injuries to said Jaswinder Singh.
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Neutral Citation No:=2023:PHHC:159094
Neutral Citation No. 2023:PHHC:159094
CRM-46469-2023 in/and
CRM-M-38779-2023 (O&M)
Application is allowed.
Jaswinder Singh S/o Darsahn Singh is directed to be
impleaded as respondent No.3. The amended memo of parties is taken on
record.
Power of attorney filed on behalf of respondent No.3 is taken
on record.
Learned counsel for respondent Nos.2 and 3 concedes the
factum of the compromise. Learned counsel also concedes that the
compromise Annexure P-2 contains the signatures of said Jaswinder
Singh as well as petitioner Didar Singh and therefore, said Jaswinder
Singh has no objection, so as to quash the FIR in question on the basis of
compromise.
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 FIR No.304 dated 29.10.2020, under
Sections 325, 323, 506 and 34 of IPC, registered at Police Station
Samana, District Patiala along with all the consequential proceedings
arising therefrom, in view of the compromise dated 24.07.2023
(Annexure P-2) qua petitioner(s), are hereby quashed.
December 12, 2023 (DEEPAK GUPTA)
sarita JUDGE
Whether reasoned/speaking: Yes/No Whether reportable: Yes/No
Neutral Citation No:=2023:PHHC:159094
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