Harinder Singh Jaidka And Another vs State Of Punjab And Another
2024 Latest Caselaw 6895 P&H

Punjab-Haryana High Court

Harinder Singh Jaidka And Another vs State Of Punjab And Another on 2 April, 2024

                                       Neutral Citation No:=2024:PHHC:044306



                                                         2024:PHHC:044306

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

290                                     CRM-M-48185-2023
                                        Date of Decision:02.04.2024

HARINDER SINGH JAIDKA AND ANOTHER                          .....Petitioners

                         Vs.

STATE OF PUNJAB AND ANOTHER                                 .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. I.S. Brar, Advocate
            for the petitioners.
            Mr. Amandeep Singh, DAG, Punjab.
            Mr. Gurpreet Singh, 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.127 dated 03.08.2020, under Sections 420 and 34 of

IPC, registered at Police Station Civil Lines Bathinda, District Bathinda and

all subsequent proceedings arising therefrom on the basis of compromise

dated 01.09.2023 (Annexure P-2).

This Court vide order dated 22.09.2023 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, Bathinda and got their statements recorded. On

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

report dated 07.11.2023 to the effect that the compromise has been effected

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Neutral Citation No:=2024:PHHC:044306

CRM-M-48185-2023 -2- 2024:PHHC:044306

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.127 dated 03.08.2020, under

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

Bathinda, District Bathinda and all subsequent proceedings arising

therefrom on the basis of compromise dated 01.09.2023 (Annexure P-2) are

quashed qua the petitioners.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
02.04.2024
pry


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




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