Abhishek Sharma @ Shanky vs State Of Punjab And Another
2023 Latest Caselaw 16703 P&H

                                                    Neutral Citation No:=2023:PHHC:125983




       CRM-M-8967 of 2023                    2023:PHHC:125983              1



IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                          CRM-M-8967 of 2023
                                         Date of decision : September 25, 2023

Abhishek Sharma @ Shanky

                                                           ...... Petitioners
                              Versus

State of Punjab and another
                                                           ...... Respondents

CORAM : HON'BLE MR. JUSTICE DEEPAK GUPTA
             ***
Present :-Mr. Rahul Bhargava, Advocate
          for the petitioner.

        Mr. P. S. Pandher, AAG., Punjab
        for respondent No.1.

        Ms. Arti Kaur, 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.0113 dated 21.07.2018 registered under Sections

336 and 506 IPC and Sections 25 and 27 of the Arms Act, at Police

Station Division C, Police Commissionerate Amritsar, District Amritsar

along with all subsequent proceedings arising therefrom, on the basis of

compromise dated 27.01.2023 (Annexure P-2).

This Court vide order dated 02.03.2023 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.

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Neutral Citation No:=2023:PHHC:125983

Pursuant to the aforesaid order, parties have appeared before

learned Judicial Magistrate Ist Class, Amritsar, and got their statements

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

has submitted report dated 28.04.2023 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 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.0113 dated

21.07.2018 registered under Sections 336 and 506 IPC and Sections 25

and 27 of the Arms Act, at Police Station Division No.C, Police

Commissionerate Amritsar, District Amritsar along with all subsequent

proceedings arising therefrom, on the basis of compromise (Annexure

P.2), are quashed.

                                                              ( DEEPAK GUPTA )
                                                                 JUDGE
September 25, 2023
archana
          Whether speaking/reasoned                   Yes/No
          Whether Reportable :                        Yes/No

Neutral Citation No:=2023:PHHC:125983

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