Anil Kumar And Ors vs State Of Punjab And Others
2024 Latest Caselaw 8737 P&H

Punjab-Haryana High Court

Anil Kumar And Ors vs State Of Punjab And Others on 24 April, 2024

                                      Neutral Citation No:=2024:PHHC:056290



                                                         2024:PHHC:056290

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

289-A                                               CRM-M-18577-2023
                                              Date of Decision:24.04.2024

ANIL KUMAR AND ORS.                                 .....Petitioners

                         Vs.

STATE OF PUNJAB AND OTHERS                          .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Parminder Singh-I, Advocate
            for the petitioner.

            Mr. Ramandeep Singh, Sr. DAG, Punjab.
            Mr.Arun Abrol, Advocate
            for respondent No.2.

                         ****
DEEPAK GUPTA, J.

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

quashing of GD No.33 dated 04.02.2023 under Sections 365, 379-B, 452,

323, 148, 149, 427, 506 and 109 IPC and all subsequent proceedings arising

out of GD No.33 in 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 on the basis of compromise dated 11.03.2023 (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.

Although as per the report received from the trial Court

concerned, the parties did not appear for getting their statements recorded.

1 of 2

Neutral Citation No:=2024:PHHC:056290

CRM-M-18577-2023 -2- 2024:PHHC:056290

However, as is rightly pointed out by counsel for both the parties that parties

have appeared in another petition i.e. CRM-M-17908-2023.

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 GD No.33 dated 04.02.2023 under

Sections 365, 379-B, 452, 323, 148, 149, 427, 506 and 109 IPC and all

subsequent proceedings arising out of GD No.33 in 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 on the basis of

compromise dated 11.03.2023 (Annexure P-2) are quashed qua the

petitioners.

                                                      ( DEEPAK GUPTA )
                                                           JUDGE
24.04.2024
pry


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




                                       2 of 2