Gurpreet Singh And Ors vs State Of Punjab And Others
2024 Latest Caselaw 7945 P&H

Punjab-Haryana High Court

Gurpreet Singh And Ors vs State Of Punjab And Others on 16 April, 2024

                                     Neutral Citation No:=2024:PHHC:051121


300                                                            2024:PHHC:051121


            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                                             CRM-M-1925-2024
                                             Decided On: 16.04.2024

GURPREET SINGH AND ORS.

                                                               .....PETITIONER(s)

                                      Versus

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

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:    Mr. B.S. Singhvi, Advocate
            for the petitioners.

            Mr. Ramandeep Singh, Sr. DAG, Punjab.

            Mr. Talwinder Singh, Advocate
            for respondent Nos.2 and 3.

DEEPAK GUPTA, J.(Oral)

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

of F.I.R. No.199 dated 28.10.2023, registered under Sections 341, 323, 506, 148,

149 IPC at Police Station Baghapurana, District Moga and all subsequent

proceedings arising therefrom on the basis of compromise.

This Court vide order dated 15.01.2024 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, Baghapurana and got their statements

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

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Neutral Citation No:=2024:PHHC:051121

CRM-M-1925-2024 -2- 2024:PHHC:051121

submitted report dated 22.02.2024 to the effect that the compromise has been

effected between the parties voluntarily and without any coercion or undue

influence.

Joint statement of Respondent Nos.2 and 3-complainants, namely,

Sukhbeer Singh and Jasdeep Singh with regard to compromise was recorded

before learned Magistrate on 29.01.2024.

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.199

dated 28.10.2023, registered under Sections 341, 323, 506, 148, 149 IPC at

Police Station Baghapurana, District Moga and all subsequent proceedings

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

quashed.

                                                   (DEEPAK GUPTA)
16.04.2024                                             JUDGE
Priyanka-II


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




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