Citation : 2023 Latest Caselaw 1203 P&H
Judgement Date : 19 January, 2023
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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255 CRM-M-40155 of 2022
Date of Decision:19.01.2023
Gurpreet Singh and others .....Petitioners
Vs.
State of Punjab and others .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Amit Gupta, Advocate for
Mr. Sumeet Puri, Advocate for the petitioners.
Mr. P.S. Pandher, AAG, Punjab.
Mr. Gurmeet Singh, Advocate for
Mr. H.S. Mann, Advocate for
respondent Nos.2 & 5.
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of F.I.R. No.88 dated 03.07.2022 registered under Sections
452, 341, 323, 506, 148 & 149 of the IPC registered at Police Station
Longowal, District Sangrur and all subsequent proceedings arising
therefrom on the basis of compromise dated 28.07.2022 as (Annexure
P-2).
This Court vide order dated 29.11.2022 had directed the
parties to appear before the trial Court to get their statements recorded
and the learned Magistrate was directed to send its report qua the
genuineness of the compromise.
Pursuant to the aforesaid order, parties have appeared
before learned Judicial Magistrate Ist Class, Sangrur and got their
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CRM-M-40155 of 2022 -2
statements recorded. On the basis of the statements so recorded,
learned Magistrate has submitted report dated 09.01.2023 to the effect
that the compromise has been effected between the parties voluntarily
and without any coercion or undue influence.
Learned State counsel as well as learned counsel for
respondents have not disputed the factum of compromise between the
parties.
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.88
dated 03.07.2022 registered under Sections 452, 341, 323, 506, 148 &
149 of the IPC registered at Police Station Longowal, District Sangrur
and all subsequent proceedings arising therefrom on the basis of
compromise dated 28.07.2022 as (Annexure P-2), are quashed.
January 19, 2023 ( DEEPAK GUPTA )
Neetika Tuteja JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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