Pooja Devi vs State Of Punjab And Another
2023 Latest Caselaw 1429 P&H

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH
                           ****
245                          CRM-M-2461 of 2021
                             Date of Decision:23.01.2023

Pooja Devi                                                 .....Petitioner
                   Vs.

State of Punjab and another                                .....Respondent

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-    Mr. Shadab Ahmad, Advocate for
             Mr. Mohit Saini, Advocate for the petitioner.

             Mr. Parneet Singh Pandher, AAG, Punjab.

             None 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.154 dated 07.08.2020 registered under Sections

458, 323, 324, 148, 149 of the IPC registered at Police Station Sadar

Patiala, District Patiala and all subsequent proceedings arising

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

This Court vide order dated 19.01.2021 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 Additional Chief Judicial Magistrate, Patiala and got

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

Learned Chief Judicial Magistrate has submitted report dated

02.02.2021 to the effect that the compromise has been effected between

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the parties voluntarily and without any coercion or undue influence.

Learned State counsel has 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.154

dated 07.08.2020 registered under Sections 458, 323, 324, 148, 149 of

the IPC registered at Police Station Sadar Patiala, District Patiala and

all subsequent proceedings arising therefrom on the basis of

compromise as (Annexure P-2), are quashed.

January 23, 2023                                  ( DEEPAK GUPTA )
Neetika Tuteja                                         JUDGE

                 Whether Speaking/reasoned        Yes/No
                 Whether Reportable               Yes/No




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