Gurshan Singh And Ors vs State Of Punjab And Another
2024 Latest Caselaw 7308 P&H

Punjab-Haryana High Court

Gurshan Singh And Ors vs State Of Punjab And Another on 5 April, 2024

                                      Neutral Citation No:=2024:PHHC:046790



                                                         2024:PHHC:046790

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

236                                    CRM-M-9412-2024
                                       Date of Decision:05.04.2024

GURSHAN SINGH AND ORS                                .....Petitioners

                         Vs.

STATE OF PUNJAB AND ANOTHER                          .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Dhamanpreet Kaur, Advocate for
            Mr. B.S. Bhalla, Advocate
            for the petitioners.
            Mr. Sahil R. Bakshi, AAG, Punjab.
            Mr. Rajveer Singh Brar, 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.22 dated 07.02.2024 under Sections 452, 324, 323,

148 and 149 of IPC registered at Police Station City Moga, District Moga

and all subsequent proceedings arising therefrom on the basis of

compromise dated 14.02.2024 (Annexure P-2).

This Court vide order dated 22.02.2024 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, Moga and got their statements recorded. On the

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

dated 15.03.2024 to the effect that the compromise has been effected

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Neutral Citation No:=2024:PHHC:046790

CRM-M-9412-2024 -2- 2024:PHHC:046790

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.22 dated 07.02.2024 under

Sections 452, 324, 323, 148 and 149 of IPC registered at Police Station City

Moga, District Moga and all subsequent proceedings arising therefrom on

the basis of compromise dated 14.02.2024 (Annexure P-2) are quashed qua

the petitioners.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
04.04.2024
pry


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




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