Gurmail Singh @ Heera And Ors vs State Of Punjab And Ors
2023 Latest Caselaw 11070 P&H

                                                         Neutral Citation No:=2023:PHHC:096080




                                                         2023:PHHC:096080

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

281                                           CRM-M-20440-2023
                                              Date of Decision:27.07.2023

Gurmail Singh @ Heera and Others                           .....Petitioners
            Vs.
State of Punjab and Others                                 .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Ms. Vertika Gupta, Advocate for
            Mr. Lupil Gupta, Advocate for
            the petitioners.

            Mr. Parneet Singh Pandher, AAG, Punjab.

            Mr. Sultan Singh Sangha, Advocate for
            Mr. Rohit Sharma, Advocate for
            respondent Nos.2 to 4.

                         ****

DEEPAK GUPTA, J.

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

quashing of F.I.R. No.90 dated 20.05.2019 registered under Sections 323,

324, 341, 506, 148, 149 of the IPC registered at Police Station City Jagraon,

District Ludhiana and all subsequent proceedings arising therefrom on the

basis of compromise dated 23.01.2023 (Annexure P-3).

This Court vide order dated 25.04.2023 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 Sub Divisional Judicial Magistrate and got their statements

recorded. On the basis of the statements so recorded, Learned Magistrate has

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submitted report dated 02.06.2023 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 Nos.2

to 4 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.90 dated 20.05.2019

registered under Sections 323, 324, 341, 506, 148, 149 of the IPC registered

at Police Station City Jagraon, District Ludhiana and all subsequent

proceedings arising therefrom on the basis of compromise dated 23.01.2023

(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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