Mangdeep Singh And Others vs State Of Punjab And Another
2024 Latest Caselaw 8267 P&H

Punjab-Haryana High Court

Mangdeep Singh And Others vs State Of Punjab And Another on 19 April, 2024

                                      Neutral Citation No:=2024:PHHC:052496



                                                         2024:PHHC:052496

          IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

202 (2)                                       CRM-M-32964-2023
                                              Date of Decision:19.04.2024

MANGDEEP SINGH AND OTHERS                           .....Petitioners

                         Vs.

STATE OF PUNJAB AND ANOTHER                          .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Joginder Pal Devgan, Advocate
            for the petitioners.
            Mr. Sahil R. Bakshi, AAG, Punjab
            assisted by ASI Kuldeep Singh.

            Mr. S.K. Gupta, Advocate for
            Mr. Ankush Rampal, Advocate
            for the complainant-respondent No.2.

                         ****
DEEPAK GUPTA, J.

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

quashing of FIR No.17 dated 28.03.2022 under Section 379-B (2) of IPC,

registered at Police Station Mattewal, District Amritsar Rural and all

subsequent proceedings arising therefrom on the basis of compromise dated

01.03.2023 (Annexure P-2).

This Court vide order dated 04.03.2024 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

Judicial Magistrate Ist Class, Baba Bakala Sahib 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:052496

CRM-M-32964-2023 -2- 2024:PHHC:052496

submitted report dated 27.03.2024 to the effect that the compromise has

been effected between the parties voluntarily and without any coercion or

undue influence.

Learned State counsel as well as counsel for complainant-

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.17 dated 28.03.2022 under

Section 379-B (2) of IPC, registered at Police Station Mattewal, District

Amritsar Rural and all subsequent proceedings arising therefrom on the

basis of compromise dated 01.03.2023 (Annexure P-2) are quashed qua the

petitioners.

                                                      ( DEEPAK GUPTA )
                                                           JUDGE
19.04.2024
pry


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




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