Citation : 2023 Latest Caselaw 9193 P&H
Judgement Date : 3 July, 2023
Neutral Citation No:=2023:PHHC:083087
2023:PHHC:083087
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
****
250A CRM-M-11883-2023
Date of Decision:03.07.2023
Randhir Singh @ Pappu and Others .....Petitioners
Vs.
State of Punjab & Another .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Harbir Singh Sandhu Advocate
for the petitioners.
Mr. Parneet Singh Pandher, AAG, Punjab.
Mr. Tanvir Joshi, Advocate
for respondent No.2.
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of DDR No.27 dated 10.02.2023 registered under Sections 325,
341, 506 & 34 of the IPC, 1860 registered at Police Station Sadar Sri
Muktsar Sahib, District Sri Muktsar Sahib in FIR No.21 dated 09.02.2023
registered under Sections 325, 341, 506 & 34 of the IPC, 1860 registered at
Police Station Sadar Sri Muktsar Sahib, District Sri Muktsar Sahib and all
subsequent proceedings arising therefrom on the basis of compromise dated
01.03.2023 (Annexure P-3).
This Court vide order dated 09.03.2023 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
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Neutral Citation No:=2023:PHHC:083087
2023:PHHC:083087
Learned Additional Chief Judicial Magistrate and got their statements
recorded. On the basis of the statements so recorded, Learned Magistrate has
submitted report dated 01.05.2023 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 DDR No.27 dated 10.02.2023
registered under Sections 325, 341, 506 & 34 of the IPC, 1860 registered at
Police Station Sadar Sri Muktsar Sahib District Sri Muktsar Sahib in FIR
No.21 dated 09.02.2023 registered under Sections 325, 341, 506 & 34 of the
IPC, 1860 registered at Police Station Sadar Sri Muktsar Sahib, District Sri
Muktsar Sahib and all subsequent proceedings arising therefrom on the basis
of compromise dated 01.03.2023 (Annexure P-3), are quashed qua the
petitioners.
July 03, 2023 ( DEEPAK GUPTA )
Neetika Tuteja JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:083087
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