Harjinder Pal And Others vs State Of Punjab And Another
2023 Latest Caselaw 22414 P&H

Punjab-Haryana High Court

Harjinder Pal And Others vs State Of Punjab And Another on 20 December, 2023

                                                   Neutral Citation No:=2023:PHHC:164082




                                                          2023:PHHC:164082

[253]        IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                 CRM-M-32491-2023
                                 Date of Decision :20.12.2023

Harjinder Pal and others                                    ...Petitioners

             versus

State of Punjab and another                                 ....Respondents


Coram :      HON'BLE MR. JUSTICE DEEPAK GUPTA

Present :    Ms. Meena, Advocate for
             Mr. Amit Arora, Advocate
             for the petitioners.

             Mr. Parneet Singh Pandher, AAG, Punjab.

             Mr. Jagjeet Singh, 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 F.I.R. No.0004 dated 07.01.2023, registered under Sections 336,

506, 148, 149 of IPC, 1860 and Sections 25 & 27 of Arms Act, 1959 at

Police Station Bhikhiwind, District Tarn Taran and all subsequent

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

[2] This Court vide order dated 17.07.2023 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 report qua the

genuineness of the compromise.

[3] Pursuant to the aforesaid order, parties have appeared before

learned Judicial Magistrate Ist Class, Patti, and got their statements recorded.

On the basis of the statements so recorded, learned Magistrate has submitted

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report dated 02.09.2023 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, Lalli with

regard to compromise was recorded before learned Magistrate on

01.12.2023.

[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 F.I.R. No.0004 dated 07.01.2023, registered under

Sections 336, 506, 148, 149 of IPC, 1860 and Sections 25 & 27 of Arms

Act, 1959 at Police Station Bhikhiwind, District Tarn Taran 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:164082

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