Ketan And Others vs State Of Punjab And Another
2023 Latest Caselaw 9292 P&H

                                                         Neutral Citation No:=2023:PHHC:083884




                                                         2023:PHHC:083884

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH
                           ****
259                             CRM-M-18576-2023
                                Date of Decision:04.07.2023

Ketan and Others                                           .....Petitioners
                 Vs.
State of Punjab and Another                                .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Lovish Rattan, Advocate
            for the petitioners.

            Mr. Parneet Singh Pandher, AAG, Punjab.

            Mr. Surinder Sharma, 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.147 dated 23.08.2022 registered under Sections 326,

324, 506, 149/34 of the IPC registered at Police Station City Patti, District

Tarn Taran and all subsequent proceedings arising therefrom on the basis of

compromise dated 16.11.2022 (Annexure P-2).

This Court vide order dated 17.04.2023 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

submitted report dated 19.05.2023 to the effect that the compromise has

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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 F.I.R. No.147 dated 23.08.2022

registered under Sections 326, 324, 506, 149/34 of the IPC registered at

Police Station City Patti, District Tarn Taran, and all subsequent

proceedings arising therefrom on the basis of compromise dated 16.11.2022

(Annexure P-2), are quashed qua the petitioners.

July 04, 2023                                           ( DEEPAK GUPTA )
Neetika Tuteja                                               JUDGE

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




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