Citation : 2023 Latest Caselaw 16587 P&H
Judgement Date : 22 September, 2023
Neutral Citation No:=2023:PHHC:125218
S. No.233 2023:PHHC:125218
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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CRM-M-7283 of 2023
Date of Decision:22.09.2023
Nardeep Singh and others .....Petitioners
Vs.
State of Punjab and another .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Adarshdeep Singh, Advocate
for the petitioners.
Mr. M.S. Nagra, AAG, Punjab.
Mr. Mandeep Singh, 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.0096 dated 20.04.2019 registered under Sections 382,
341, 506, 34, 323 IPC at Police Station Talwandi Sabo along with all
subsequent proceedings arising therefrom, on the basis of compromise
(Annexure P.2).
This Court vide order dated 10.02.2023 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 Judicial Magistrate Ist Class, Talwandi Sabo, and got their
statements recorded. On the basis of the statements so recorded, learned
Magistrate has submitted report dated 10.03.2023 to the effect that the
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Neutral Citation No:=2023:PHHC:125218
CRM-M-7283 of 2023 -2- 2023:PHHC:125218
compromise has been effected between the parties
voluntarily and without any coercion or undue influence.
Learned State counsel has 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.0096 dated 20.04.2019
registered under Sections 382, 341, 506, 34, 323 IPC at Police Station
Talwandi Sabo along with all subsequent proceedings arising therefrom, on
the basis of compromise (Annexure P.2), are quashed.
September 22, 2023 ( DEEPAK GUPTA )
renu JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:125218
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