Sunil Kumar vs State Of Punjab And Another
2023 Latest Caselaw 21923 P&H

Punjab-Haryana High Court

Sunil Kumar vs State Of Punjab And Another on 14 December, 2023

                                                       Neutral Citation No:=2023:PHHC:160570




296         IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                               Neutral Citation No. 2023:PHHC:160570
                               CRM-M-52284-2023
                               Date of Decision: December 14, 2023

Sunil Kumar                                               ...Petitioner
                        Versus

State of Punjab and another                               ...Respondents

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:    Mr. Amit Kumar Walia, Advocate,
            for the petitioner.

            Mr. P.S. Pandher, AAG, Punjab.

            Ms. Shreya Rana, 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.181 dated 01.09.2022, registered under Sections 323, 379,

34 of IPC, 1860 (Sections 379-B and 120-B IPC added after deleting Section

379 IPC) at Police Station Sadar Dhuri, District Sangur, Punjab and all

subsequent proceedings arising therefrom on the basis of compromise dated

27.09.2023 (Annexure P-2).

2. This Court vide order dated 16.10.2023 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 dated 27.09.2023.

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

learned Additional Sessions Judge, Sangrur and got their statements recorded.

1 of 2

Neutral Citation No:=2023:PHHC:160570

Neutral Citation No.2023:PHHC:160570

On the basis of the statements so recorded, learned Additional Sessions Judge

has submitted a report dated 05.12.2023 to the effect that the compromise

dated 27.09.2023 has been effected between the parties voluntarily and

without any coercion or undue influence.

4. Statement of Respondent No.2-complainant, namely, Sanjay

Kumar @ Darbari Lal with regard to compromise was recorded before learned

Additional Sessions Judge on 21.11.2023.

5. Learned State counsel as well as learned counsel for respondent

No.2 have not disputed the factum of compromise dated 27.09.2023 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.181 dated 01.09.2022, registered

under Sections 323, 379, 34 of IPC, 1860 (Sections 379-B and 120-B IPC

added after deleting Section 379 IPC) at Police Station Sadar Dhuri, District

Sangur, Punjab and all subsequent proceedings arising therefrom on the basis

of compromise dated 27.09.2023 qua petitioner, are hereby quashed.

December 14, 2023                                        (DEEPAK GUPTA)
geeta                                                        JUDGE
                    Whether reasoned/speaking:        Yes/No
                    Whether reportable:               Yes/No


                                                          Neutral Citation No:=2023:PHHC:160570

                                      2 of 2