Nirmal Singh And Anr vs State Of Punjab And Another
2024 Latest Caselaw 7684 P&H

Punjab-Haryana High Court

Nirmal Singh And Anr vs State Of Punjab And Another on 10 April, 2024

                                      Neutral Citation No:=2024:PHHC:049381



                                                         2024:PHHC:049381

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

286                                           CRM-M-45210-2023
                                              Date of Decision:10.04.2024

NIRMAL SINGH AND ANR.                               .....Petitioners

                         Vs.

STATE OF PUNJAB AND ANOTHER                          .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Ms. Navjot Kaur, Advocate for
            Mr. A.S. Khinda, Advocate
            for the petitioners.
            Mr. Amandeep Singh, DAG, Punjab.
            Mr. Harjinder 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.121 dated 21.06.2023 under Sections 323, 341, 324,

506, 452 and 34 of IPC, registered at Police Station Sultanpur Lodhi,

District Kapurthala and all subsequent proceedings arising therefrom on the

basis of compromise dated 25.08.2023 (Annexure P-2).

This Court vide order dated 12.09.2023 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, Sultanpur Lodhi and got their statements

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

submitted report dated 26.10.2023 to the effect that the compromise has

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Neutral Citation No:=2024:PHHC:049381

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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.121 dated 21.06.2023 under

Sections 323, 341, 324, 506, 452 and 34 of IPC, registered at Police Station

Sultanpur Lodhi, District Kapurthala and all subsequent proceedings arising

therefrom on the basis of compromise dated 25.08.2023 (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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