Citation : 2023 Latest Caselaw 9402 P&H
Judgement Date : 5 July, 2023
Neutral Citation No:=2023:PHHC:084538
2023:PHHC:084538
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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263 CRM-M-8827-2022
Date of Decision:05.07.2023
Asha Rani and Others .....Petitioners
Vs.
State of Punjab and Another .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Harkaran Singh, Advocate
for the petitioners.
Mr. Parneet Singh Pandher, AAG, Punjab.
Mr. Shivenderpal Singh, 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 F.I.R. No.0013 dated 14.01.2022 registered under Sections 336,
148, 149 of the IPC, 1860 and Section 25, 27 of Arms Act, 1959 registered
at Police Station Model Town, District Hoshiarpur and all subsequent
proceedings arising therefrom on the basis of compromise dated 22.02.2022
(Annexure P-4).
This Court vide order dated 02.03.2022 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 Chief Judicial Magistrate and got their statements recorded. On the
basis of the statements so recorded, Learned Magistrate has submitted report
dated 30.04.2022 to the effect that the compromise has been effected
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Neutral Citation No:=2023:PHHC:084538
2023:PHHC:084538
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.0013 dated 14.01.2022
registered under Sections 336, 148, 149 of the IPC, 1860 and Section 25, 27
of Arms Act, 1959 registered at Police Station Model Town, District
Hoshiarpur and all subsequent proceedings arising therefrom on the basis of
compromise dated 22.02.2022 (Annexure P-4), are quashed qua the
petitioners.
July 05, 2023 ( DEEPAK GUPTA )
Neetika Tuteja JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:084538
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