Sona Singh @ Sonu Dj Wala And Ors vs State Of Punjab And Others
2024 Latest Caselaw 6740 P&H

Punjab-Haryana High Court

Sona Singh @ Sonu Dj Wala And Ors vs State Of Punjab And Others on 1 April, 2024

                                      Neutral Citation No:=2024:PHHC:043220



                                                         2024:PHHC:043220

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

292                                           CRM-M-5564-2024
                                              Date of Decision:01.04.2024

SONA SINGH @ SONU DJ WALA AND ORS.                          .....Petitioners

                         Vs.

STATE OF PUNJAB AND OTHERS                                  .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Ms. Suman Kumari, Advocate
            for the petitioners.
            Mr. Amandeep Singh, DAG, Punjab.
            Mr. Himanshu Seth, Advocate for
            Mr. Vikram Kumar, Advocate
            for respondent Nos.2 and 3.

                         ****
DEEPAK GUPTA, J.

Prayer in this petition filed under Section 482 Cr.P.C. is for

quashing of F.I.R. No.0077 dated 12.04.2021, under Sections 458, 323, 148,

149 IPC, registered at Police Station City-1 Abohar, District Fazilka and

DDR No.019 dated 13.04.2021 under Sections 323 and 34 IPC, and all

subsequent proceedings arising therefrom on the basis of compromise deed

dated 24.01.2024 (Annexure P-3).

This Court vide order dated 02.02.2024 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

Sub Divisional Judicial Magistrate, Abohar and got their statements

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

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Neutral Citation No:=2024:PHHC:043220

CRM-M-5564-2024 -2- 2024:PHHC:043220

submitted report dated 14.03.2024 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 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.0077 dated 12.04.2021,

under Sections 458, 323, 148, 149 IPC, registered at Police Station City-1

Abohar, District Fazilka and DDR No.019 dated 13.04.2021 under Sections

323 and 34 IPC, and all subsequent proceedings arising therefrom on the

basis of compromise deed dated 24.01.2024 (Annexure P-3) are quashed qua

the petitioner.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
01.04.2024
pry


             Whether Speaking/reasoned         Yes/No
             Whether Reportable                Yes/No




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