Sukhwant Singh And Ors vs State Of Punjab And Anr
2024 Latest Caselaw 8441 P&H

Punjab-Haryana High Court

Sukhwant Singh And Ors vs State Of Punjab And Anr on 22 April, 2024

                                      Neutral Citation No:=2024:PHHC:054190



                                                         2024:PHHC:054190

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

286                                           CRM-M-3351-2024
                                              Date of Decision:22.04.2024

SUKHWANT SINGH @ FAUJI AND ORS                      .....Petitioners

                         Vs.

STATE OF PUNJAB AND ANR                              .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Prince Sharma, Advocate
            for the petitioners.
            Mr. Baljinder Singh, DAG, Punjab.
            Mr. Ankush Rampal, 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.113 dated 05.07.2023 under Sections 323, 324, 325 and

34 of IPC, registered at Police Station Sadar Tarn Taran, Tehsil and District

Tarn Taran and all subsequent proceedings arising therefrom on the basis of

compromise dated 12.12.2023 (Annexure P-2).

This Court vide order dated 07.03.2024 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

Additional Chief Judicial Magistrate, Tarn Taran and got their statements

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

submitted report dated 08.04.2024 to the effect that the compromise has

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Neutral Citation No:=2024:PHHC:054190

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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 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.113 dated 05.07.2023 under

Sections 323, 324, 325 and 34 of IPC, registered at Police Station Sadar

Tarn Taran, Tehsil and District Tarn Taran and all subsequent proceedings

arising therefrom on the basis of compromise dated 12.12.2023 (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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