Rakam Singh And Others vs State Of Punjab And Others
2024 Latest Caselaw 7664 P&H

Punjab-Haryana High Court

Rakam Singh And Others vs State Of Punjab And Others on 10 April, 2024

                                      Neutral Citation No:=2024:PHHC:049414



                                                         2024:PHHC:049414

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

289                                           CRM-M-65473-2023
                                              Date of Decision:10.04.2024

RAKAM SINGH AND OTHERS                              .....Petitioners

                         Vs.

STATE OF PUNJAB AND OTHERS                           .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Jarnail Singh Saneta, Advocate
            for the petitioners.
            Mr. Amandeep Singh, DAG, Punjab.
            Mr. Gagandeep Singh Advocate
            for respondent Nos.2 to 5.

                         ****
DEEPAK GUPTA, J.

Prayer in this petition filed under Section 482 Cr.P.C. is for

quashing of FIR No.260 dated 06.09.2023 under Sections 324, 341, 506,

148 and 149 of IPC, registered at Police Station Zirakpur, District SAS

Nagar, Mohali and all subsequent proceedings arising therefrom on the basis

of compromise (Annexure P-2).

This Court vide order dated 05.01.2024 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, Dera Bassi and got their statements recorded.

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

submitted report dated 12.02.2024 to the effect that the compromise has

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Neutral Citation No:=2024:PHHC:049414

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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 FIR No.260 dated 06.09.2023 under

Sections 324, 341, 506, 148 and 149 of IPC, registered at Police Station

Zirakpur, District SAS Nagar, Mohali and all subsequent proceedings

arising therefrom on the basis of compromise (Annexure P-2) are quashed

qua the petitioners.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
10.04.2024
pry


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




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