Gurdev Singh Alias Debi And Others vs State Of Punjab And Another
2024 Latest Caselaw 7451 P&H

Punjab-Haryana High Court

Gurdev Singh Alias Debi And Others vs State Of Punjab And Another on 8 April, 2024

                                      Neutral Citation No:=2024:PHHC:047967



                                                         2024:PHHC:047967

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

293                                           CRM-M-7460-2024
                                              Date of Decision:08.04.2024

GURDEV SINGH ALIAS DEBI AND OTHERS                         .....Petitioners

                         Vs.

STATE OF PUNJAB AND ANOTHER                                .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Vishal Sharma (Vasudeva), Advocate
            for the petitioner.
            Mr. Amandeep Singh , DAG, Punjab
            Mr. Paritosh Vaid, 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.101 dated 09.11.2023 under Sections 323, 342, 506,

148 and 149 of IPC, registered at Police Station Chabbewal, District

Hoshiarpur, Punjab and all subsequent proceedings arising therefrom on the

basis of compromise dated 08.01.2024 (Annexure P-2).

This Court vide order dated 13.02.2024 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, Hoshiarpur 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

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Neutral Citation No:=2024:PHHC:047967

CRM-M-7460-2024 -2- 2024:PHHC:047967

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.101 dated 09.11.2023 under

Sections 323, 342, 506, 148 and 149 of IPC, registered at Police Station

Chabbewal, District Hoshiarpur, Punjab and all subsequent proceedings

arising therefrom on the basis of compromise dated 08.01.2024 (Annexure

P-2) are quashed qua the petitioners.

                                                      ( DEEPAK GUPTA )
                                                           JUDGE
08.04.2024
pry


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




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