Harvinder Singh And Others vs State Of Punjab And Others
2024 Latest Caselaw 6747 P&H

Punjab-Haryana High Court

Harvinder Singh And Others vs State Of Punjab And Others on 1 April, 2024

                                      Neutral Citation No:=2024:PHHC:043235



                                                         2024:PHHC:043235

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

293                                           CRM-M-5931-2024
                                              Date of Decision:01.04.2024

HARVINDER SINGH AND OTHERS                                  .....Petitioners

                         Vs.

STATE OF PUNJAB AND OTHERS                                  .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Naresh Chander, Advocate
            for the petitioners.
            Mr. Amandeep Singh, DAG, Punjab.
            Mr. Kapil Khanna, Advocate
            for respondent Nos.2 to 4.

                         ****
DEEPAK GUPTA, J.

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

quashing of F.I.R. No.0205 dated 02.09.2022, under Sections 323, 324 and

34 IPC, registered at Police Station City Kapurthala, District Kapurthala and

all subsequent proceedings arising therefrom on the basis of compromise

dated 15.01.2024 (Annexure P-2).

This Court vide order dated 05.02.2024 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

Chief Judicial Magistrate, Kapurthala and got their statements recorded. On

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

report dated 27.03.2024 to the effect that the compromise has been effected

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Neutral Citation No:=2024:PHHC:043235

CRM-M-5931-2024 -2- 2024:PHHC:043235

between the parties voluntarily and without any coercion or undue influence.

Learned State counsel as well as counsel for respondent Nos.2

to 4 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.0205 dated 02.09.2022,

under Sections 323, 324 and 34 IPC, registered at Police Station City

Kapurthala, District Kapurthala and all subsequent proceedings arising

therefrom on the basis of compromise dated 15.01.2024 (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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