Vijay Kumar vs State Of Punjab And Another
2024 Latest Caselaw 6858 P&H

Punjab-Haryana High Court

Vijay Kumar vs State Of Punjab And Another on 2 April, 2024

                                         Neutral Citation No:=2024:PHHC:044312



                                                           2024:PHHC:044312

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

297                                              CRM-M-6307-2024 (O&M)
                                                 Date of Decision:02.04.2024

VIJAY KUMAR                                                    .....Petitioner

                         Vs.

STATE OF PUNJAB AND ANOTHER                                    .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-    Mr. Gurpreet Singh, Advocate for
             Mr. Ramnish Puri, Advocate
             for the petitioner.
             Mr. Amandeep Singh, DAG, Punjab.
             Mr. Rohit , Advocate
             for respondent No.2.

                         ****
DEEPAK GUPTA, J.

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

quashing of F.I.R. No.91 dated 20.07.2023, under Sections 379-B, 411 and

34 of IPC, registered at Police Station GRP, District Amirtsar and all

subsequent proceedings arising therefrom on the basis of

compromise/affidavit dated 18.01.2024 (Annexure P-2).

This Court vide order dated 06.02.2024 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

Additional Sessions Judge, Amritsar and got their statements recorded. On

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

report dated 28.03.2024 to the effect that the compromise has been effected

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Neutral Citation No:=2024:PHHC:044312

CRM-M-6307-2024 (O&M) -2- 2024:PHHC:044312

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.91 dated 20.07.2023, under

Sections 379-B, 411 and 34 of IPC, registered at Police Station GRP,

District Amirtsar and all subsequent proceedings arising therefrom on the

basis of compromise/affidavit dated 18.01.2024 (Annexure P-2) are quashed

qua the petitioner.

                                                        ( DEEPAK GUPTA )
                                                             JUDGE
02.04.2024
pry


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




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