Madhuvir Malik And Ors vs State Of Punjab And Others
2024 Latest Caselaw 8834 P&H

Punjab-Haryana High Court

Madhuvir Malik And Ors vs State Of Punjab And Others on 25 April, 2024

                                      Neutral Citation No:=2024:PHHC:056497



                                                         2024:PHHC:056497

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

284                                           CRM-M-11097-2024
                                              Date of Decision:25.04.2024

MADHUVIR MALIK AND ORS                              .....Petitioners

                         Vs.

STATE OF PUNJAB AND OTHERS                          .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Abdul Aziz, Advocate
            for the petitioners (Through VC).
            Mr. Ramandeep Singh, Additional AG, Punjab.
            Mr. Kuldeep Singh Siwach, Advocate
            for respondent Nos.2 to 4.

                         ****
DEEPAK GUPTA, J.

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

quashing of FIR No.55 dated 10.06.2023 under Sections 379-B, 341, 411

and 34 of IPC, registered at Police Station Maloud, District Ludhiana and all

subsequent proceedings arising therefrom on the basis of compromise dated

20.02.2024 (Annexure P-2).

This Court vide order dated 01.03.2024 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 District and Sessions Judge, Ludhiana and got their statements

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

submitted report dated 18.04.2024 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

to 4 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.55 dated 10.06.2023 under

Sections 379-B, 341, 411 and 34 of IPC, registered at Police Station

Maloud, District Ludhiana and all subsequent proceedings arising therefrom

on the basis of compromise dated 20.02.2024 (Annexure P-2) are quashed

qua the petitioners.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
25.04.2024
pry


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




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