Harjinder Kumar And Others vs State Of Punjab And Others
2023 Latest Caselaw 21925 P&H

Punjab-Haryana High Court

Harjinder Kumar And Others vs State Of Punjab And Others on 14 December, 2023

                                                        Neutral Citation No:=2023:PHHC:160704




292         IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                                Neutral Citation No. 2023:PHHC:160704
                                CRM-M-35867-2023
                                Date of Decision: December 14, 2023

Harjinder Kumar and others                                 ...Petitioners

                         Versus

State of Punjab and others                                 ...Respondents


CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA


Present:    Mr. Sourabh Kandoi, Advocate for
            Mr. Raman Singla, Advocate,
            for the petitioners.

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

            Mr. Avtar Singh Khinda, Advocate,
            for respondent Nos.2 to 5.

            ****

DEEPAK GUPTA, J.(Oral)

1. Prayer in this petition filed under Section 482 Cr.P.C. is for

quashing of General Diary/rapat No.19 dated 28.05.2023, registered under

Sections 326, 324, 323, 148, 149 of IPC, 1860 at Police Station Sadar

Kapurthala, District Kapurthala and all subsequent proceedings arising

therefrom on the basis of compromise (Annexure P-2).

2. This Court vide order dated 26.07.2023 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.

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

learned Magistrate and got their statements recorded. On the basis of the

statements so recorded, learned Sessions Judge has submitted report dated

2.11.2023 to the effect that the compromise has been effected between the

parties voluntarily and without any coercion or undue influence.

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

Kumar with regard to compromise was recorded before learned Sessions Judge

on 1.11.2023.

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

No.2 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 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 General Diary/rapat No.19 dated 28.05.2023, registered under

Sections 326, 324, 323, 148, 149 of IPC, 1860 at Police Station Sadar

Kapurthala, District Kapurthala and all subsequent proceedings arising

therefrom on the basis of compromise (Annexure P-2) qua petitioners, are

hereby quashed.

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

                                                         Neutral Citation No:=2023:PHHC:160704

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