Rajpal Singh And Anr vs State Of Punjab And Others
2023 Latest Caselaw 9296 P&H

                                                         Neutral Citation No:=2023:PHHC:083944




                                                         2023:PHHC:083944

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH
                           ****
254                             CRM-M-8968-2023
                                Date of Decision:04.07.2023

Rajpal Singh and Another                                   .....Petitioners
                 Vs.
State of Punjab and Others                                 .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Yaseen Sethi, Advocate
            for the petitioners.

            Mr. Parneet Singh Pandher, AAG, Punjab.

            Mr. Anmol Jindal, Advocate
            for respondent Nos.2 & 3.

                         ****

DEEPAK GUPTA, J.

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

quashing of F.I.R. No.181 dated 18.11.2017 registered under Sections 452,

323, 506, 148, 149 of the IPC registered at Police Station Haibowal, District

Police Commissionerate Ludhiana and all subsequent proceedings arising

therefrom on the basis of compromise dated 19.09.2022 (Annexure P-3).

This Court vide order dated 22.02.2023 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 Judicial Magistrate 1st Class and got their statements recorded. On

the basis of the statements so recorded, Learned Magistrate has submitted

report dated 12.04.2023 to the effect that the compromise has been effected

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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.181 dated 18.11.2017

registered under Sections 452, 323, 506, 148, 149 of the IPC registered at

Police Station Haibowal, District Police Commissionerate Ludhiana and all

subsequent proceedings arising therefrom on the basis of compromise dated

19.09.2022 (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




                                                             Neutral Citation No:=2023:PHHC:083944

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