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Gurmeet Singh And Others vs State Of Punjab And Another
2023 Latest Caselaw 21797 P&H

Citation : 2023 Latest Caselaw 21797 P&H
Judgement Date : 13 December, 2023

Punjab-Haryana High Court

Gurmeet Singh And Others vs State Of Punjab And Another on 13 December, 2023

                                                         Neutral Citation No:=2023:PHHC:159711




                                                      2023:PHHC:159711
CRM-M-11035-2023                                              1

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

(278)                           CRM-M-11035-2023
                                Date of decision:- 13.12.2023

Gurmeet Singh and ors.                                      ...Petitioners
                                Versus
State of Punjab and anr.                                    ...Respondents

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:    Mr. Yogesh Kumar Aneja, Advocate for the petitioners.

            Mr. Parneet Singh Pandher, AAG, Punjab.

            Mr. Suresh Kumar Aneja, Advocate for respondent No.2.
            ****

DEEPAK GUPTA, J. (Oral)

1. By way of this present petition under Section 482 Cr.P.C.,

the petitioner prays for quashing of FIR No.48 dated 03.05.2021

(Annexure P-1) under Sections 452, 323, 324, 379-B, 295-A, 148, 149 of

IPC registered at Police Station Sadar, Jalalabad, District Fazilka and all

subsequent proceedings arising therefrom on the basis of compromise

dated 19.11.2022 (Annexure P-3) between the parties.

2. This Court vide order dated 07.10.2023 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.

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

learned Judicial Magistrate First Class, Jalalabad 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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Neutral Citation No:=2023:PHHC:159711

2023:PHHC:159711

4. Statement of respondent No.2-complainant, namely, Jasveer

Singh with regard to compromise was recorded before learned Magistrate

on 20.10.2023.

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 reported as 2007 (3) RCR (Criminal) 1052 and approved by the

Hon'ble Supreme Court in Gian Singh Versus State of Punjab and

others reported as (2012) 10 SCC 303, this petition is allowed and FIR

No.48 dated 03.05.2021 (Annexure P-1) under Sections 452, 323, 324,

379-B, 295-A, 148, 149 of IPC registered at Police Station Sadar,

Jalalabad, District Fazilka and all subsequent proceedings arising

therefrom on the basis of compromise dated 19.11.2022 (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:159711

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