Jagdev Singh @ Kala Singh vs State Of Punjab And Another
2023 Latest Caselaw 1226 P&H

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH
                           ****
248                          CRM-M-27223 of 2021
                             Date of Decision:19.01.2023

Jagdev Singh @ Kala Singh                                 .....Petitioner

                  Vs.

State of Punjab and another                               .....Respondents


CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Raghav Gulati, Advocate for the petitioner.

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

            Ms. Sandhya Gaur, Advocate for
            Ms. Sudha, Advocate for respondent No.2.

                        ****

DEEPAK GUPTA, J.

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

quashing of F.I.R. No.46 dated 23.04.2016 registered under Sections

382, 148, 149 of the IPC, 1860 registered at Police Station City Malout,

District Sri Muktsar Sahib and all subsequent proceedings arising

therefrom on the basis of compromise dated 17.05.2019 as (Annexure

P-2).

This Court vide order dated 19.07.2021 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 Sub Divisional Judicial Magistrate, Malout and got their

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

1 of 2

Sub Divisional Judicial Magistrate has submitted report dated

06.08.2021 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

respondent No.2 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.46

dated 23.04.2016 registered under Sections 382, 148, 149 of the IPC,

1860 registered at Police Station City Malout, District Sri Muktsar

Sahib and all subsequent proceedings arising therefrom on the basis of

compromise dated 17.05.2019 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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