Surinderpaul Singh And Ors vs State Of Punjab And Ors
2024 Latest Caselaw 6744 P&H

Punjab-Haryana High Court

Surinderpaul Singh And Ors vs State Of Punjab And Ors on 1 April, 2024

                                       Neutral Citation No:=2024:PHHC:043261



                                                           2024:PHHC:043261


         IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

296                                            CRM-M-9271-2024
                                               Date of Decision:01.04.2024

SURINDERPAUL SINGH AND ORS                                  .....Petitioners

            Vs.

STATE OF PUNJAB AND ORS                                          .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Naresh Chander, Advocate for
            Mr. Narinder Singh Dadwal, Advocate
            for the petitioners.
            Mr. Amandeep Singh, DAG, Punjab.
            Mr. Jagjit Singh, Advocate
            for respondent Nos.2 and 3.

                          ****
DEEPAK GUPTA, J.

Short reply by way of affidavit of Azad Dawinder Singh, PPS,

Deputy Superintendent of Police, Sub Division City Batala, Police District

Batala has been filed on behalf of respondent No.1-State and the same is

taken on record.

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

quashing of F.I.R. No.0168 dated 29.08.2017, under Sections 420, 406 and

34 IPC, registered at Police Station Civil Lines Batala, District Batala and

all subsequent proceedings arising therefrom on the basis of

compromise/affidavit dated 03.10.2023 (Annexure P-2).

This Court vide order dated 21.02.2024 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

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Neutral Citation No:=2024:PHHC:043261

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compromise.

Pursuant to the aforesaid order, parties have appeared before

Judicial Magistrate Ist Class, Batala and got their statements recorded. On

the basis of the statements so recorded, Learned Magistrate has submitted

report dated 22.03.2024 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 Nos.2

and 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.0168 dated 29.08.2017,

under Sections 420, 406 and 34 IPC, registered at Police Station Civil Lines

Batala, District Batala and all subsequent proceedings arising therefrom on

the basis of compromise/affidavit dated 03.10.2023 (Annexure P-2) 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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