Hari Om Gupta And Anr vs State Of Punjab And Others
2023 Latest Caselaw 1224 P&H

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH
                           ****
251                          CRM-M-2482 of 2022
                             Date of Decision:19.01.2023

Dr. Hari Om Gupta and another                             .....Petitioners

                  Vs.

State of Punjab and others                                .....Respondents


CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Amandeep Singh, Advocate for the petitioners.

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

            Mr. Ankit Kharbanda, Advocate for
            respondent Nos.2 & 3.

                        ****

DEEPAK GUPTA, J.

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

quashing of F.I.R. No.189 dated 04.12.2021 registered under Sections

307, 323, 336 of the IPC (later on Section 307 of the IPC deleted) at

Police Station Punjab Agriculture University (PAU), District Ludhiana

and all subsequent proceedings arising therefrom on the basis of

compromise dated 04.12.2021 as (Annexure P-2).

This Court vide order dated 02.02.2022 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, Ludhiana and got their

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

1 of 2

Magistrate has submitted report dated 04.03.2022 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.189

dated 04.12.2021 registered under Sections 307, 323, 336 of the IPC

(later on Section 307 of the IPC deleted) at Police Station Punjab

Agriculture University (PAU), District Ludhiana and all subsequent

proceedings arising therefrom on the basis of compromise dated

04.12.2021 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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