Heera Singh And Ors vs State Of Punjab And Another
2023 Latest Caselaw 20222 P&H

Punjab-Haryana High Court

Heera Singh And Ors vs State Of Punjab And Another on 21 November, 2023

                                                          Neutral Citation No:=2023:PHHC:148348




S. No.306                              2023:PHHC:148348
      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH
                   ****
                            CRM-M-42362 of 2023
                             Date of Decision:21.11.2023

Heera Singh and others                 .....Petitioners
      Vs.
State of Punjab and another            .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Vikrant Vij, Advocate for Mr. G.S. Bawa,
            Advocate for the petitioners.

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

            Mr. Amritpal Singh Sohal, 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.61 dated 20.04.2022 registered under Sections 295-A,

120-B IPC at Police Station Gharinda, District Amritsar (Rural) along with

all subsequent proceedings arising therefrom, on the basis of compromise

(Annexure P.2).

This Court vide order dated 25.08.2023 had directed the parties

to appear before the trial Court/Area 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 Chief Judicial Magistrate, Amritsar, and got their statements

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

submitted report dated 07.11.2023 to the effect that the compromise

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has been effected 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.61 dated 20.04.2022

registered under Sections 295-A, 120-B IPC at Police Station Gharinda,

District Amritsar (Rural) along with all subsequent proceedings arising

therefrom, on the basis of compromise (Annexure P.2), are quashed qua the

petitioners.

November 21, 2023                                            ( DEEPAK GUPTA )
renu                                                              JUDGE
          Whether Speaking/reasoned             Yes/No
          Whether Reportable                    Yes/No




                                                           Neutral Citation No:=2023:PHHC:148348

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