Punjab-Haryana High Court
Kamaljit Singh Alias Rahul Alias Datar ... vs State Of Punjab And Others on 13 December, 2023
Neutral Citation No:=2023:PHHC:159726
2023:PHHC:159726
CRM-M-48495-2023 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(281) CRM-M-48495-2023
Date of decision:- 13.12.2023
Kamaljit Singh @ Rahul @ Datar and ors. ...Petitioners
Versus
State of Punjab and ors. ...Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: Ms. Swati Verma, Advocate
for Mr. G.S. Simble, Advocate for the petitioners.
Mr. Parneet Singh Pandher, AAG, Punjab.
Mr. Pratula Sethi, Advocate for respondents No.2 and 3.
****
DEEPAK GUPTA, J. (Oral)
1. By way of this present petition filed under Section 482
Cr.P.C. the petitioner prays for quashing of FIR No.19 dated 21.01.2023
under Sections 452, 326, 427, 506, 148, 149 of IPC registered at Police
Station Civil Lines Batala, District Batala, and all subsequent
proceedings arising therefrom on the basis of compromise dated
13.09.2023 (Annexure P-2) between the parties.
2. This Court vide order dated 25.09.2023 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, Batala and got their statements
recorded. On the basis of the statements so recorded, learned Magistrate
has submitted report dated 11.10.2023 to the effect that the compromise
has been effected between the parties voluntarily and without any
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2023:PHHC:159726
coercion or undue influence.
4. Statement of respondents No.2 and 3-complainant, namely,
Girdari Lal Singh and Sukhwinder Kumar respectively with regard to
compromise was recorded before learned Magistrate on 30.09.2023.
5. Learned State counsel as well as learned counsel for
respondent 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 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.19 dated 21.01.2023 under Sections 452, 326, 427, 506, 148, 149 of
IPC registered at Police Station Civil Lines Batala, District Batala and all
subsequent proceedings arising therefrom on the basis of compromise
dated 13.09.2023 (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:159726
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