Nishan Singh Alias Ajay vs State Of Punjab And Another
2023 Latest Caselaw 19871 P&H

                                                         Neutral Citation No:=2023:PHHC:145926




                                                                2023:PHHC:145926
CRM-M-43593-2023 (O & M)                                                 1

292    IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH
                                CRM-M-43593-2023 (O & M)
                                Date of decision: 16.11.2023
NISHAN SINGH ALIAS AJAY
                                     ...PETITIONER
                  V/S
STATE OF PUNJAB AND ANOTHER
                                   ...RESPONDENTS

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. Akhil Sharma, Advocate for Mr. Ramnish Puri, Advocate for the petitioner.

Mr. M.S. Nagra, AAG, Punjab.

Mr. Rohit, 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.20 dated 24.02.2023, registered under Sections 379-

B(2), 201, 34 of IPC at Police Station Khilchian, District Amritsar and all

subsequent proceedings arising therefrom on the basis of compromise dated

07.08.2023 (Annexure P-2).

2. This Court vide order dated 01.09.2023 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 the

genuineness of the compromise.

3. Pursuant to the aforesaid order, parties have appeared before

learned Additional Sessions Judge, Amritsar and got their statements recorded.

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

report dated 14.11.2023 to the effect that the compromise has been effected

between the parties voluntarily and without any coercion or undue influence.

4. Learned State counsel as well as learned counsel for respondent

No.2 have not disputed the factum of compromise between the parties.

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Neutral Citation No:=2023:PHHC:145926

2023:PHHC:145926

5. 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.20 dated 24.02.2023, registered under Sections 379-

B(2), 201, 34 of IPC at Police Station Khilchian, District Amritsar and all

subsequent proceedings arising therefrom on the basis of compromise qua

petitioner(s), are hereby quashed.

                                                             (DEEPAK GUPTA)
November 16, 2023                                                 JUDGE
manisha


             (i)     Whether speaking/reasoned                    Yes/No

             (ii)    Whether reportable                           Yes/No




                                                           Neutral Citation No:=2023:PHHC:145926

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