Citation : 2024 Latest Caselaw 7946 P&H
Judgement Date : 16 April, 2024
Neutral Citation No:=2024:PHHC:051106
293 2024:PHHC:051106
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-32215-2023
Decided On: 16.04.2024
YADWINDER SINGH ALIAS NEETU AND ANR.
.....PETITIONER(s)
Versus
STATE OF PUNJAB AND ANOTHER
.....RESPONDENT(s)
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: Mr. Krishan Kanha, Advocate
for the petitioners.
Mr. Ramandeep Singh, Sr. DAG, Punjab.
Mr. Ishant, 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.161 dated 20.07.2021, registered under Sections 323, 341, 356, 148,
149 IPC at Police Station Rama Mandi, District Jalandhar and all subsequent
proceedings arising therefrom on the basis of compromise dated 02.03.2023.
This Court vide order dated 08.01.2024 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
Judicial Magistrate Ist Class, Jalandhar and got their statements recorded. On the
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Neutral Citation No:=2024:PHHC:051106
CRM-M-32215-2023 -2- 2024:PHHC:051106
basis of the statements so recorded, learned Magistrate has 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.
Statement of Respondent No.2-complainant, namely, Sandeep Singh
with regard to compromise was recorded before learned Magistrate on
18.03.2024.
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.161
dated 20.07.2021, registered under Sections 323, 341, 356, 148, 149 IPC at
Police Station Rama Mandi, District Jalandhar 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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