Rachhpal Singh And Ors vs State Of Punjab And Others
2023 Latest Caselaw 9295 P&H

                                                          Neutral Citation No:=2023:PHHC:083949




                                                          2023:PHHC:083949

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH
                           ****
268 (02 cases)                  CRM-M-13715-2023
                                Date of Decision:04.07.2023

Rachhpal Singh and Others                                   .....Petitioners
                 Vs.
State of Punjab and Others                                  .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Harchand Singh Batth, Advocate
            for the petitioners.

            Mr. Parneet Singh Pandher, AAG, Punjab.

            Ms. Divya Godara, Advocate for
            Mr. Raminder Singh Joon, Advocate
            for respondent Nos.2 to 5.

                          ****

DEEPAK GUPTA, J.

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

quashing of F.I.R. No.89 dated 01.06.2022 registered under Sections 307,

323, 324, 148, 149, 506 of the IPC, 1860 and Section 25 of Arms Act, 1959

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

proceedings arising therefrom on the basis of compromise dated 06.02.2023

(Annexure P-3).

This Court vide order dated 20.03.2023 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

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 30.05.2023 to the effect that the compromise has

been effected between the parties voluntarily and without any coercion or

undue influence.

Status report by way of an affidavit of Shri Satnam Singh, PPS,

Deputy Superintendent of Police, Sub Division Patti, District Tarn Taran has

been filed on behalf of respondent No.1- State.

Learned State counsel as well as learned counsel for respondent

Nos.2 to 5 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.89 dated 01.06.2022

registered under Sections 307, 323, 324, 148, 149, 506 of the IPC, 1860 and

Section 25 of Arms Act, 1959 registered at Police Station City Patti,

District Tarn Taran and all subsequent proceedings arising therefrom on the

basis of compromise dated 06.02.2023 (Annexure P-3), 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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