Tamandeep Kaur And Other vs State Of Punjab And Others
2023 Latest Caselaw 1935 P&H

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH
                           ****
257A                         CRM-M-50839 of 2022
                             Date of Decision:30.01.2023

Tamandeep Kaur & ors.                                     .....Petitioners

                  Vs.

State of Punjab & ors.                                    .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Avtar S. Khinda, Advocate for the petitioners.

            Mr. Parneet Singh Pandher, AAG, Punjab.

                         ****

DEEPAK GUPTA, J.

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

quashing of F.I.R. No.01 dated 14.01.2022 registered under Sections

323, 324, 452, 506, 34 of the IPC, 1860 registered at Police Station

Fattudhinga, District Kapurthala and all subsequent proceedings arising

therefrom on the basis of compromise dated 08.10.2022 as (Annexure

P-3).

This Court vide order dated 03.11.2022 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 Sub Divisional Judicial Magistrate and got their

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

Learned Magistrate has submitted report dated 07.12.2022 to the effect

that the compromise has been effected between the parties voluntarily

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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.01

dated 14.01.2022 registered under Sections 323, 324, 452, 506, 34 of

the IPC, 1860 registered at Police Station Fattudhinga, District

Kapurthala and all subsequent proceedings arising therefrom on the

basis of compromise dated 08.10.2022 as (Annexure P-3), are quashed.

January 30, 2023                                  ( DEEPAK GUPTA )
Neetika Tuteja                                         JUDGE

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




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