Citation : 2023 Latest Caselaw 15307 P&H
Judgement Date : 6 September, 2023
Neutral Citation No:=2023:PHHC:117929
2023:PHHC:117929
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
****
258 CRM-M-33914-2019 (O&M)
Date of Decision:06.09.2023
Anterpreet Singh and Others .....Petitioners
Vs.
State of Punjab and Others .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Satnam Singh Gill, Advocate
for the petitioners.
Mr. Parneet Singh Pandher, AAG, Punjab.
Mr. R.K. Sharma, Advocate for
respondent Nos.2 & 3.
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of F.I.R. No.63 dated 04.04.2019 registered under Sections 307,
427, 148, 149 of the IPC and Sections 25 & 27 of Arms Act registered at
Police Station Division B, Amritsar, District Amritsar and all subsequent
proceedings arising therefrom on the basis of compromise/affidavits dated
08.05.2019 & 02.07.2019 (Annexure P-2 & Annexure P-3).
This Court vide order dated 16.11.2019 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
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Neutral Citation No:=2023:PHHC:117929
2023:PHHC:117929 CRM-M-33914-2019 (O&M) -2-
report dated 09.01.2020 to the effect that the compromise has been effected
between the parties voluntarily and without any coercion or undue influence.
Learned State counsel as well as learned counsel for respondent
Nos.2 & 3 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.63 dated 04.04.2019
registered under Sections 307, 427, 148, 149 of the IPC and Sections 25 &
27 of Arms Act registered at Police Station Division B, Amritsar, District
Amritsar and all subsequent proceedings arising therefrom on the basis of
compromise/affidavits dated 08.05.2019 & 02.07.2019 (Annexure P-2 &
Annexure P-3), are quashed qua the petitioners.
Pending application(s), if any, also stands disposed of.
( DEEPAK GUPTA )
September 06, 2023 JUDGE
Neetika Tuteja
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:117929
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