Amit Kumar vs State Of Punjab And Another
2024 Latest Caselaw 8713 P&H

Punjab-Haryana High Court

Amit Kumar vs State Of Punjab And Another on 24 April, 2024

                                      Neutral Citation No:=2024:PHHC:055880



                                                         2024:PHHC:055880

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

289                                           CRM-M-17908-2023
                                              Date of Decision:24.04.2024

AMIT KUMAR                                          .....Petitioner

                         Vs.

STATE OF PUNJAB AND OTHERS                          .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Arun Abrol, Advocate
            for the petitioner.

            Mr. Ramandeep Singh, Sr. DAG, Punjab.
            Mr. Parminder Singh-I, 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.15 dated 28.01.2023 under Sections 342, 457, 380,

427, 148 and 149 IPC, registered at Police Station Canal Colony, District

Bathinda and all subsequent proceedings arising therefrom on the basis of

compromise dated 15.03.2023 (Annexure P-2).

This Court vide order dated 24.05.2023 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

Additional Chief Judicial Magistrate, Bathinda and got their statements

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

submitted report dated 22.08.2023 to the effect that the compromise has

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Neutral Citation No:=2024:PHHC:055880

CRM-M-17908-2023 -2- 2024:PHHC:055880

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.15 dated 28.01.2023 under

Sections 342, 457, 380, 427, 148 and 149 IPC, registered at Police Station

Canal Colony, District Bathinda and all subsequent proceedings arising

therefrom on the basis of compromise dated 15.03.2023 (Annexure P-

2) are quashed qua the petitioner.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
24.04.2024
pry


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




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