Bikkar Singh And Another vs State Of Punjab And Another
2024 Latest Caselaw 8403 P&H

Punjab-Haryana High Court

Bikkar Singh And Another vs State Of Punjab And Another on 22 April, 2024

                                      Neutral Citation No:=2024:PHHC:054207



                                                         2024:PHHC:054207

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH
282                                           CRM-M-57438-2023 (O&M)
                                              Date of Decision:22.04.2024
BIKKAR SINGH AND ANOTHER                            .....Petitioners
                         Vs.
STATE OF PUNJAB AND ANR                              .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:-   Mr. Anutej Singh Barnala, Advocate
            for the petitioners.
            Mr. Baljinder Singh, DAG, Punjab.
            Proxy counsel for Mr. A.S. Bhatti, Advocate
            for respondent No.2.
            ****
DEEPAK GUPTA, J.

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

quashing of FIR No.164 dated 11.09.2019 under Sections 307, 323, 324,

506, 34 and 120-B of IPC, registered at Police Station Dhanaula, District

Barnala and all subsequent proceedings arising therefrom on the basis of

compromise dated 03.11.2023 (Annexure P-2).

This Court vide order dated 05.03.2024 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, Barnala and got their statements recorded. On

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

report dated 04.04.2024 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 respondent No.2

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Neutral Citation No:=2024:PHHC:054207

CRM-M-57438-2023(O&M) -2- 2024:PHHC:054207

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.164 dated 11.09.2019 under

Sections 307, 323, 324, 506, 34 and 120-B of IPC, registered at Police

Station Dhanaula, District Barnala and all subsequent proceedings arising

therefrom on the basis of compromise dated 03.11.2023 (Annexure P-2) are

quashed qua the petitioners.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
22.04.2024
pry


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




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