Rahul @ Rahul Sabharwal And ... vs State Of Punjab And Another
2023 Latest Caselaw 816 P&H

261 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                                CRM-M-58917-2022
                                Date of Decision: January 16, 2023

Rahul @ Rahul Sabherwal and another                 ...Petitioners

                                 Versus

State of Punjab and another                         ...Respondents

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Amit Dhawan, Advocate for the petitioners.

Mr. Parneet Singh Pandher, AAG, Punjab.

Mr. Ramandeep Singh, Advocate for Mr. Abhimanyu Vinayak, Advocate for respondent No.2.

DEEPAK GUPTA, J.(Oral) Prayer in this petition filed under Section 482 Cr.P.C. is for

quashing of F.I.R. No.76 dated 30.03.2022, registered at Police Station

Basti Bawa Khel, District Police Commissionerate Jalandhar, under

Sections 323, 324, 451, 148 and 149 of IPC (Section 326 IPC added later

on) and all subsequent proceedings arising therefrom on the basis of

compromise (Annexure P-2).

This Court vide order dated 16.12.2022 had directed the

parties to appear before the Trial Court/Illaqa Magistrate to get their

statements recorded and the learned Magistrate was directed to send

his/her report qua the genuineness of the compromise.

Pursuant to the aforesaid order, parties have appeared before

learned Judicial Magistrate 1st Class, Jalandhar and got their statements

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

has submitted report dated 23.12.2022 to the effect that the compromise

has been effected between the parties voluntarily and without any

coercion or undue influence.

Respondent No.2-complainant, namely, Rahul Singh had

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CRM-M-58917-2022

made his statement with regard to compromise before learned Magistrate

on 21.12.2022.

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.76 dated 30.03.2022,

registered at Police Station Basti Bawa Khel, District Police

Commissionerate Jalandhar, under Sections 323, 324, 451, 148 and 149

of IPC (Section 326 IPC added later on) and all subsequent proceedings

arising therefrom on the basis of compromise (Annexure P-2), are

quashed.

January 16, 2023                                 (DEEPAK GUPTA)
sarita                                                JUDGE

                    Whether reasoned/speaking:         Yes/No
                    Whether reportable:                Yes/No




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