Sabbu Kumar vs State Of Punjab And Ors
2024 Latest Caselaw 8440 P&H

Punjab-Haryana High Court

Sabbu Kumar vs State Of Punjab And Ors on 22 April, 2024

                                      Neutral Citation No:=2024:PHHC:054216



                                                         2024:PHHC:054216

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

291                                           CRM-M-13282-2024
                                              Date of Decision:22.04.2024

SABBU KUMAR                                         .....Petitioner

                         Vs.

STATE OF PUNJAB AND ORS                              .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Bikramjit Singh Randhawa, Advocate
            for the petitioner.
            Mr. Baljinder Singh, DAG, Punjab.
            Mr. Inderpal Singh, Advocate
            for respondent Nos.2 and 3.

                         ****
DEEPAK GUPTA, J.

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

quashing of FIR No.0061 dated 29.05.2020 under Sections 283, 338 and 427

of IPC, registered at Police Station Kiratpur Sahib, District Rupnagar and all

subsequent proceedings arising therefrom on the basis of compromise dated

11.03.2024 (Annexure P-2).

This Court vide order dated 14.03.2024 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, Sri Anandpur Sahib and got their statements

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

submitted report dated 30.03.2024 to the effect that the compromise has

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been effected 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.0061 dated 29.05.2020 under

Sections 283, 338 and 427 of IPC, registered at Police Station Kiratpur

Sahib, District Rupnagar and all subsequent proceedings arising therefrom

on the basis of compromise dated 11.03.2024 (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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