Citation : 2024 Latest Caselaw 8706 P&H
Judgement Date : 24 April, 2024
Neutral Citation No:=2024:PHHC:055866
2024:PHHC:055866
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
291 CRM-M-26031-2023 (O&M)
D ate of Decision:24.04.2024
HARPREET SINGH AND ORS. .....Petitioners
Vs.
STATE OF PUNJAB AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Sahil Vashishat, Advocate
for the petitioners (through VC).
Mr. Baljidner Singh, DAG, Punjab.
Mr. R.S. Chugh, Advocate
for respondent No.2 (through VC).
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of F.I.R. No.0017 dated 24.01.2023 under Sections 323, 341, 506
and 34 of IPC, registered at Police Station Sadar Ludhiana, District
Ludhiana and all subsequent proceedings arising therefrom on the basis of
compromise dated 05.05.2023 (Annexure P-2).
This Court vide order dated 22.05.2023 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, Ludhiana and got their statements recorded.
On the basis of the statements so recorded, Learned Magistrate has
submitted report dated 17.07.2023 to the effect that the compromise has
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Neutral Citation No:=2024:PHHC:055866
CRM-M-26031-2023 (O&M) -2- 2024:PHHC:055866
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 F.I.R. No.0017 dated 24.01.2023
under Sections 323, 341, 506 and 34 of IPC, registered at Police Station
Sadar Ludhiana, District Ludhiana and all subsequent proceedings arising
therefrom on the basis of compromise dated 05.05.2023 (Annexure P-2) are
quashed qua the petitioners.
( DEEPAK GUPTA )
JUDGE
24.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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