Punjab-Haryana High Court
Narain Singh vs State Of Punjab And Another on 13 December, 2023
Neutral Citation No:=2023:PHHC:159801
2023:PHHC:159801
CRM-M-52791-2023 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(283) CRM-M-52791-2023
Date of decision:- 13.12.2023
Narain Singh and ors. ...Petitioners
Versus
State of Punjab and anr. ...Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: Mr. Ilyas Khan, Advocate for the petitioners.
Mr. Parneet Singh Pandher, AAG, Punjab.
Mr. Sahil Garg, Advocate for respondent No.2.
****
DEEPAK GUPTA, J. (Oral)
1. Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of FIR No.90 dated 10.04.2014 under Sections 323, 341, 506,
148, 149 of IPC and 201 (added later on) and Section 307 (deleted later
on) registered at Police Station Dera Bassi and all subsequent
proceedings arising therefrom on the basis of compromise deed by way
of affidavit dated 01.08.2023 (Annexure P-2) 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 Sub Divisional Judicial Magistrate, Dera Bassi and got their
statements recorded. On the basis of the statements so recorded, learned
Magistrate has submitted report dated 29.11.2023 to the effect that the
compromise has been effected between the parties voluntarily and
without any coercion or undue influence.
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Neutral Citation No:=2023:PHHC:159801
2023:PHHC:159801
4. Statement of respondent No.2-complainant, namely, Gulab
Singh with regard to compromise was recorded before learned Magistrate
on 15.11.2023.
5. Learned State counsel as well as learned counsel for
respondent No.2 has 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 FIR No.90 dated 10.04.2014
under Sections 323, 341, 506, 148, 149 of IPC and 201 (added later on)
and Section 307 (deleted later on) registered at Police Station Dera Bassi
and all subsequent proceedings arising therefrom on the basis of
compromise deed by way of affidavit dated 01.08.2023 (Annexure P-2),
qua petitioners, are hereby quashed.
(DEEPAK GUPTA)
JUDGE
13th December, 2023
spn
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
Neutral Citation No:=2023:PHHC:159801
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