Kesar Singh vs State Of Punjab And Another
2024 Latest Caselaw 7820 P&H

Punjab-Haryana High Court

Kesar Singh vs State Of Punjab And Another on 15 April, 2024

                                     Neutral Citation No:=2024:PHHC:049979


270                                                            2024:PHHC:049979


            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                                             CRM-M-2255-2023
                                             Decided On: 15.04.2024

KESAR SINGH

                                                               .....PETITIONER(s)

                                      Versus

STATE OF PUNJAB AND ANOTHER
                                                               .....RESPONDENT(s)

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:    Mr. Sohrab Dhanda, Advocate
            for the petitioner.

            Mr. Amandeep Singh, DAG Punjab.

            Mr. Hasrat Brar Advocate
            for respondent No.2.

DEEPAK GUPTA, J.(Oral)

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

of F.I.R. No.0194 dated 06.08.2022, registered under Sections 420 and 506 of

IPC at Police Station Gobindgarh Mandi, District Fatehgarh Sahib and all

subsequent proceedings arising therefrom on the basis of compromise dated

14.11.2022 (Annexure P-2).

This Court vide order dated 22.02.2024 had directed the parties to

appear before the Trial Court/Illaqa Magistrate to get their statements recorded

and the learned Magistrate was directed to send his/her report qua the

genuineness of the compromise.

Pursuant to the aforesaid order, parties have appeared before learned

Sub Divisional Judicial Magistrate Amloh and got their statements recorded. On

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Neutral Citation No:=2024:PHHC:049979

CRM-M-2255-2023 -2- 2024:PHHC:049979

the basis of the statements so recorded, learned Magistrate has submitted report

dated 06.04.2024 to the effect that the compromise has been effected between the

parties voluntarily and without any coercion or undue influence.

Statement of Respondent No.2-complainant, namely, Jagjit Kaur

with regard to compromise was recorded before learned Magistrate on

13.03.2024.

Learned State counsel as well as learned 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.0194 dated 06.08.2022, registered under Sections 420 and 506 of IPC at

Police Station Gobindgarh Mandi, District Fatehgarh Sahib and all subsequent

proceedings arising therefrom on the basis of compromise qua petitioner(s), are

hereby quashed.

                                                   (DEEPAK GUPTA)
15.04.2024                                             JUDGE
Priyanka-II


         Whether speaking/reasoned?                   Yes/No
         Whether reportable?                          Yes/No




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