Harmesh Singh Alias Rameshpal And ... vs State Of Punjab And Another
2024 Latest Caselaw 6900 P&H

Punjab-Haryana High Court

Harmesh Singh Alias Rameshpal And ... vs State Of Punjab And Another on 2 April, 2024

                                      Neutral Citation No:=2024:PHHC:044307



                                                         2024:PHHC:044307

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

296                                           CRM-M-6305-2024
                                              Date of Decision:02.04.2024

HARMESH SINGH ALIAS RAMESHPAL AND ANOTHER
                                    .....Petitioners

                         Vs.

STATE OF PUNJAB AND ANOTHER                                 .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Nirmaljeet Singh Sidhu, Advocate
            for the petitioners.
            Mr. Amandeep Singh, DAG, Punjab.
            Mr. Jasjeet Singh Virk, Advocate for
            Mr. Ajay 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.107 dated 22.06.2023, under Sections 325, 323, 506

and 34 IPC, registered at Police Station Machhiwara, District Khanna,

Punjab and all subsequent proceedings arising therefrom on the basis of

compromise dated 19.07.2023 (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

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

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

1 of 2

Neutral Citation No:=2024:PHHC:044307

CRM-M-6305-2024 -2- 2024:PHHC:044307

report dated 02.03.2024 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.107 dated 22.06.2023, under

Sections 325, 323, 506 and 34 IPC, registered at Police Station Macchiwara,

District Khanna, Punjab and all subsequent proceedings arising therefrom on

the basis of compromise dated 19.07.2023 (Annexure P-2) are quashed qua

the petitioners.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
02.04.2024
pry


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




                                      2 of 2