Citation : 2024 Latest Caselaw 7572 P&H
Judgement Date : 9 April, 2024
Neutral Citation No:=2024:PHHC:048570
2024:PHHC:048570
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
293 CRM-M-8778-2024
Date of Decision:09.04.2024
PARMINDER SINGH @ PARWINDER SINGH .....Petitioner
Vs.
STATE OF PUNJAB AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Ravish Bansal, Advocate
for the petitioner.
Mr. Sahil R. Bakshi, AAG, Punjab.
Mr. Jatinder 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.108 dated 09.07.2020 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 12.10.2021 (Annexure P-2).
This Court vide order dated 04.03.2024 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, Bathinda and got their statements recorded. On
the basis of the statements so recorded, Learned Magistrate has submitted
report dated 30.03.2024 to the effect that the compromise has been effected
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Neutral Citation No:=2024:PHHC:048570
CRM-M-8778-2024 -2- 2024:PHHC:048570
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.108 dated 09.07.2020 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 12.10.2021 (Annexure P-2) are
quashed qua the petitioner.
( DEEPAK GUPTA )
JUDGE
09.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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