Citation : 2023 Latest Caselaw 8797 P&H
Judgement Date : 1 June, 2023
Neutral Citation No:=2023:PHHC:080490
2023:PHHC:080490
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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211 CRM-M-25445-2022
Date of Decision:01.06.2023
Kanwaljit Singh .....Petitioner
Vs.
State of Punjab & Another .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. G.S. Bawa, Advocate
for the petitioner.
Mr. Randeep Singh Khaira, DAG, Punjab.
Mr. Gobind Singh Randhawa, 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.255 dated 20.05.2017 registered under Sections 420,
201 of the IPC registered at Police Station Civil Lines Amritsar, District
Police Commissionerate Amritsar and all subsequent proceedings arising
therefrom on the basis of compromise dated 20.04.2022 (Annexure P-2).
This Court vide order dated 02.06.2022 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 Judicial Magistrate 1st Class and got their statements recorded. On
the basis of the statements so recorded, Learned Magistrate has submitted
report dated 14.11.2022 to the effect that the compromise has been effected
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Neutral Citation No:=2023:PHHC:080490
2023:PHHC:080490
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.255 dated 20.05.2017
registered under Sections 420, 201 of the IPC registered at Police Station
Civil Lines Amritsar, District Police Commissionerate Amritsar, and all
subsequent proceedings arising therefrom on the basis of compromise dated
20.04.2022 (Annexure P-2), are quashed qua the petitioner.
June 01, 2023 ( DEEPAK GUPTA )
Neetika Tuteja JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:080490
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