Shree Gopal Daga And Another vs State Of Punjab And Another
2023 Latest Caselaw 22524 P&H

Punjab-Haryana High Court

Shree Gopal Daga And Another vs State Of Punjab And Another on 21 December, 2023

                                                   Neutral Citation No:=2023:PHHC:165349




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

                                 CRM-M-46949-2023
                                 Date of Decision :21.12.2023

Shree Gopal Daga and another                                ...Petitioners

            versus

State of Punjab and another                                 ....Respondents


Coram :     HON'BLE MR. JUSTICE DEEPAK GUPTA

Present :   Ms. Palvi, Advocate for
            Mr. Ishan Gupta, Advocate
            for the petitioners.

            Mr. Parneet Singh Pandher, AAG, Punjab.

            Mr. Mohit Sadana, 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.197 dated 23.11.2013, registered under Sections 420

& 120-B of IPC at Police Station Bhawanigarh, District Sangrur, and all

subsequent proceedings arising therefrom on the basis of compromise dated

09.09.2023 (Annexure P-1).

[2] This Court vide order dated 08.11.2023 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 her report qua the

genuineness of the compromise.

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

learned Judicial Magistrate Ist Class, Sangrur, and got their statements

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

submitted report dated 11.12.2023 to the effect that the compromise has

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Neutral Citation No:=2023:PHHC:165349

been effected between the parties voluntarily and without any coercion or

undue influence.

[4] Statement of Respondent No.2-complainant namely, Hemraj

Goyal, with regard to compromise was recorded before learned Magistrate

on 30.11.2023.

[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 F.I.R. No.197 dated 23.11.2013, registered under Sections 420 &

120-B of IPC at Police Station Bhawanigarh, District Sangrur, and all

subsequent proceedings arising therefrom on the basis of compromise qua

petitioners, are hereby quashed.

                                                     (DEEPAK GUPTA)
                                                         JUDGE

21.12.2023
'Rajneesh'



                    Whether speaking/ reasoned   :     Yes/No
                    Whether reportable           :     Yes/No




                                                      Neutral Citation No:=2023:PHHC:165349

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