Sunny Kumar And Anr vs State Of Punjab And Others
2024 Latest Caselaw 8130 P&H

Punjab-Haryana High Court

Sunny Kumar And Anr vs State Of Punjab And Others on 18 April, 2024

                                      Neutral Citation No:=2024:PHHC:052293



                                                         2024:PHHC:052293

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

283                                    CRM-M-1182-2024
                                       Date of Decision:18.04.2024

SUNNY KUMAR AND ANR.                                .....Petitioners

                         Vs.

STATE OF PUNJAB AND OTHERS                           .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Kapil Khanna, Advocate
            for the petitioners.
            Mr. Ramandeep Singh, Sr. DAG, Punjab.
            Mr. Naresh Chander, Advocate
            for respondent Nos. 2 & 3.

                         ****
DEEPAK GUPTA, J.

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

quashing of FIR No.0278 dated 08.12.2022 under Sections 323, 324, 326,

341, 148 and 149 of IPC, registered at Police Station City Kapurthala,

District Kapurthala and all subsequent proceedings arising therefrom on the

basis of compromise dated 03.01.2024 (Annexure P-2).

This Court vide orders dated 11.01.2024 and 26.02.2024 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

Chief Judicial Magistrate, Kapurthala and got their statements recorded. On

the basis of the statements so recorded, Learned Magistrate has submitted

report dated 03.04.2024 to the effect that the compromise has been effected

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Neutral Citation No:=2024:PHHC:052293

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between the parties voluntarily and without any coercion or undue influence.

Learned State counsel as well as counsel for respondent Nos.2

and 3 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.0278 dated 08.12.2022 under

Sections 323, 324, 326, 341, 148 and 149 of IPC, registered at Police Station

City Kapurthala, District Kapurthala and all subsequent proceedings arising

therefrom on the basis of compromise dated 03.01.2024 (Annexure P-2) are

quashed qua the petitioners.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
18.04.2024
pry


             Whether Speaking/reasoned          Yes/No
             Whether Reportable                 Yes/No




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