Citation : 2023 Latest Caselaw 22411 P&H
Judgement Date : 20 December, 2023
Neutral Citation No:=2023:PHHC:164031
2023:PHHC:164031
[252] IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-28067-2023
Date of Decision :20.12.2023
Jasvir Kaur and others ...Petitioners
versus
State of Punjab and another ....Respondents
Coram : HON'BLE MR. JUSTICE DEEPAK GUPTA
Present : Ms. Puja Chopra, Advocate and
Mr. Puneet Singh, Advocate
for the petitioners.
Mr. Parneet Singh Pandher, AAG, Punjab.
None for respondent No.2.
***
DEEPAK GUPTA, J. (ORAL)
[1] Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of F.I.R. No.1 dated 01.01.2011, registered under Sections 307,
452, 323, 379, 356, 294, 506 and 34 IPC at Police Station City Jagraon,
District Ludhiana (Rural) and all subsequent proceedings arising therefrom
on the basis of compromise (Annexure P-2).
[2] This Court vide order dated 03.11.2023 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 report qua the
genuineness of the compromise.
[3] Pursuant to the aforesaid order, parties have appeared before
learned Sub Divisional Judicial Magistrate, Jagraon, Ludhiana, 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 1 of 2
Neutral Citation No:=2023:PHHC:164031
2023:PHHC:164031
compromise has been effected between the parties voluntarily and without
any coercion or undue influence.
[4] Statement of Respondent No.2-complainant, namely, Parminder
Singh with regard to compromise was recorded before learned Magistrate on
24.11.2023.
[5] Learned State counsel 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 F.I.R. No.1 dated 01.01.2011, registered under
Sections 307, 452, 323, 379, 356, 294, 506 and 34 IPC at Police Station City
Jagraon, District Ludhiana (Rural) and all subsequent proceedings arising
therefrom on the basis of compromise qua petitioners, are hereby quashed.
(DEEPAK GUPTA)
JUDGE
20.12.2023
'Rajneesh'
Whether speaking/ reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:164031
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