Punjab-Haryana High Court
Amrik Singh And Ors vs State Of Punjab And Anr on 31 July, 2023
Neutral Citation No:=2023:PHHC:098126
2023:PHHC:098126
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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262 (02 cases) CRM-M-15421-2023
Date of Decision:31.07.2023
Amrik Singh and Others .....Petitioners
Vs.
State of Punjab and Another .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Piyush Setia, Advocate
for the petitioners.
Mr. M.S. Nagra, AAG, Punjab.
Mr. Shubham Goyal, Advocate
for respondent No.2.
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DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of cross case vide GD No.34 dated 14.06.2022 registered under
Sections 323, 324/34 of the IPC registered at Police Station Kartarpur,
District Jalandhar in F.I.R. No.101 dated 13.06.2022 registered under
Sections 341, 323, 324, 326, 307/34 of the IPC registered at Police Station
Kartarpur, District Jalandhar and all subsequent proceedings arising
therefrom on the basis of compromise dated 15.02.2023 (Annexure P-3).
This Court vide order dated 19.04.2023 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 Additional Sessions Judge and got their statements recorded. On the
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Neutral Citation No:=2023:PHHC:098126
2023:PHHC:098126
basis of the statements so recorded, Learned Additional Sessions Judge has
submitted report dated 28.07.2023 to the effect that the compromise has
been effected between the parties voluntarily and without any coercion or
undue influence.
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 cross case vide GD No.34 dated
14.06.2022 registered under Sections 323, 324/34 of the IPC registered at
Police Station Kartarpur, District Jalandhar in F.I.R. No.101 dated
13.06.2022 registered under Sections 341, 323, 324, 326, 307/34 of the IPC
registered at Police Station Kartarpur, District Jalandhar and all subsequent
proceedings arising therefrom on the basis of compromise dated 15.02.2023
(Annexure P-3), are quashed qua the petitioners.
July 31, 2023 ( DEEPAK GUPTA )
Neetika Tuteja JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:098126
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