Citation : 2024 Latest Caselaw 7683 P&H
Judgement Date : 10 April, 2024
Neutral Citation No:=2024:PHHC:049348
2024:PHHC:049348
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
278 CRM-M-11874-2023 (O&M)
Date of Decision:10.04.2024
SATGUR SINGH AND OTHERS .....Petitioners
Vs.
STATE OF PUNJAB AND OTHERS .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Gaurav Sharma, Advocate for the petitioner.
Mr. Amandeep Singh, DAG, Punjab.
Mr. Anterpreet Singh, Advocate for respondent No.2
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of FIR No.137 dated 07.10.2020 under Sections 457, 380, 411 and
201 of IPC, registered at Police Station Moonak, District Sangrur and all
subsequent proceedings arising therefrom on the basis of compromise dated
02.02.2023 (Annexure P-2).
This Court vide order dated 08.01.2024 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
Sub Divisional Judicial Magistrate, Sangrur and got their statements
recorded. On the basis of the statements so recorded, Learned Magistrate has
submitted report dated 08.02.2024 to the effect that the compromise has
been effected between the parties voluntarily and without any coercion or
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Neutral Citation No:=2024:PHHC:049348
CRM-M-11874-2023 (O&M) -2- 2024:PHHC:049348
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.137 dated 07.10.2020 under
Sections 457, 380, 411 and 201 of IPC, registered at Police Station Moonak,
District Sangrur and all subsequent proceedings arising therefrom on the
basis of compromise dated 02.02.2023 (Annexure P-2) are quashed qua the
petitioner.
( DEEPAK GUPTA )
JUDGE
10.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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