Mukesh Kumar And Others vs State Of Punjab And Another
2023 Latest Caselaw 19774 P&H

                                                        Neutral Citation No:=2023:PHHC:145167




                           Neutral Citation No. 2023:PHHC:145167


CRM-M No.25980 of 2021                                                           -1-


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

Sr. No.294                                  CRM-M No. 25980 of 2021
                                            Date of Decision: 15.11.2023

Mukesh Kumar & ors.
                                                       .......Petitioners
                    Vs.

State of Punjab & anr.
                                                       ........Respondents

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-     Mr. Ajay Pal Singh Rehan, Advocate,
              for the petitioners.

              Mr. P.S. Pandher, AAG, Punjab.

              Mr. H.S. Aujla, Advocate, for
              Mr. Sandeep Godara, Advocate,
              for respondent No.2.

DEEPAK GUPTA, J. (ORAL)

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

quashing of F.I.R. No.49 dated 03.04.2021, registered under Sections 324,

323, 452, 148, 149 & 506 of IPC (Sections 326 & 307 IPC added

subsequently) at Police Station Hariana, District Hoshiarpur and all

subsequent proceedings arising therefrom on the basis of compromise dated

17.06.2021.

This Court vide order dated 11.10.2023 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 his/her report qua

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the genuineness of the compromise.

Pursuant to the aforesaid order, parties have appeared before

learned Judicial Magistrate 1st Class, Hoshiarpur and got their statements

recorded. On the basis of the statements so recorded, learned Magistrate has

submitted report dated 03.11.2023 to the effect that the compromise has

been effected between the parties voluntarily and without any coercion or

undue influence.

Statement of father of respondent No.2-complainant, namely,

Paramjit Singh (being special power of attorney holder of complainant-

Sukhvir Singh @ Sukhbir Singh) with regard to compromise was recorded

before learned Magistrate on 19.10.2023.

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.49 dated 03.04.2021, registered

under Sections 324, 323, 452, 148, 149 & 506 of IPC (Sections 326 & 307

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IPC added subsequently) at Police Station Hariana, District Hoshiarpur and

all subsequent proceedings arising therefrom on the basis of compromise

qua petitioner(s), are hereby quashed.

15.11.2023                                   ( DEEPAK GUPTA )
monika                                             JUDGE
                   Whether speaking/reasoned Yes/No
                   Whether reportable        Yes/No




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