Amritpal Singh And Anr vs State Of Punjab And Another
2023 Latest Caselaw 11069 P&H

                                                         Neutral Citation No:=2023:PHHC:096055




                                                         2023:PHHC:096055

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH
                           ****

276                                           CRM-M-8294-2023
                                              Date of Decision:27.07.2023

Amritpal Singh and Another                                 .....Petitioners
            Vs.
State of Punjab and Another                                .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Jasmeet Singh Saini, Advocate for
            Mr. Naresh Jain, Advocate
            for the petitioners.

            Mr. Parneet Singh Pandher, AAG, Punjab.

            Mr. Montek Singh Sandhu, Advocate for
            Mr. Yadwinder Singh, 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.104 dated 09.08.2022 registered under Sections 323,

341, 506, 148, 149 of the IPC (Section 326 of the IPC added later on)

registered at Police Station Balongi, District SAS Nagar, Mohali and all

subsequent proceedings arising therefrom on the basis of compromise dated

12.02.2023 (Annexure P-3).

This Court vide order dated 16.02.2023 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 1st Class and got their statements recorded. On

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the basis of the statements so recorded, Learned Magistrate has submitted

report dated 25.04.2023 to the effect that the compromise has been effected

between the parties voluntarily and without any coercion or undue influence.

Learned State 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.104 dated 09.08.2022

registered under Sections 323, 341, 506, 148, 149 of the IPC (Section 326 of

the IPC added later on) registered at Police Station Balongi, District SAS

Nagar, Mohali and all subsequent proceedings arising therefrom on the basis

of compromise dated 12.02.2023 (Annexure P-3), are quashed qua the

petitioners.

July 27, 2023                                           ( DEEPAK GUPTA )
Neetika Tuteja                                               JUDGE

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




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