Citation : 2023 Latest Caselaw 6974 P&H
Judgement Date : 11 May, 2023
Neutral Citation No:=2023:PHHC:068433
CRM-M-5159-2023 2023:PHHC:068433 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Sr. No.250 CRM-M-5159-2023
Date of Decision: 11.05.2023
GURINDERJIT SINGH .... Petitioner
Versus
STATE OF PUNJAB AND ANOTHER ... Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: Mr. S. P. S. Khaira, Advocate
for the petitioner.
Mr. P. S. Pandher, AAG, Punjab.
Mr. Arjunveer Sharma, Advocate
for respondent No.2.
****
DEEPAK GUPTA, J. (ORAL)
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of
FIR No.61 dated 02.04.2021 registered under Sections 323/341/506 IPC at Police
Station Sadar Ludhiana, District Ludhiana (Annexure P-1), and all subsequent
proceedings arising therefrom on the basis of compromise (Annexure P-2).
This Court vide order dated 02.02.2023 had directed the parties to
appear before the trial Court/Illaqa Magistrate 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 First Class, Ludhiana and got their statements recorded. On the
basis of the statements so recorded, learned Magistrate has submitted report dated
18.03.2023 to the effect that the compromise has been effected between the parties
voluntarily and without any coercion or undue influence.
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Neutral Citation No:=2023:PHHC:068433
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
FIR No.61 dated 02.04.2021 registered under Sections 323/341/506 IPC at Police
Station Sadar Ludhiana, District Ludhiana (Annexure P-1), and all subsequent
proceedings arising therefrom on the basis of compromise (Annexure P-2), are
quashed.
(DEEPAK GUPTA)
JUDGE
11.05.2023
M.Sikka
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:068433
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