Amritpal Singh Alias Peter vs State Of Punjab And Another
2024 Latest Caselaw 9255 P&H

Punjab-Haryana High Court

Amritpal Singh Alias Peter vs State Of Punjab And Another on 30 April, 2024

                                      Neutral Citation No:=2024:PHHC:059227



                                                         2024:PHHC:059227

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

274                                           CRM-M-24311-2023
                                              Date of Decision:30.04.2024

AMRITPAL SINGH ALIAS PETER AND OTHERS                           .....Petitioners

                         Vs.

STATE OF PUNJAB AND OTHERS                                  .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Yajur Sharma, Advocate
            for the petitioners.
            Mr. Ramandeep Singh, Sr. DAG, Punjab.

            Mr. Arun Sheemar, Advocate for respondent Nos. 2 &3.

                         ****
DEEPAK GUPTA, J.

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

quashing of FIR No.0013 dated 29.01.2023 under Sections 307, 323, 427,

506, 148 and 149 of IPC and Sections 25 and 27 of Arms Act, 1959,

registered at Police Station Chattiwind, District Amritsar Rural and all

subsequent proceedings arising therefrom on the basis of compromise dated

01.04.2023 (Annexure P-2).

This Court vide order dated 17.05.2023 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

Civil Judge (Jr. Divn.)-cum-Judicial Magistrate Ist Class, Amrtisar and got

their statements recorded. On the basis of the statements so recorded,

Learned Magistrate has submitted report dated 01.07.2023 to the effect that

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Neutral Citation No:=2024:PHHC:059227

CRM-M-24311-2023 -2- 2024:PHHC:059227

the compromise has been effected between the parties voluntarily and

without any coercion or undue influence.

Learned State counsel as well as counsel for respondent Nos.2

and 3 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.0013 dated 29.01.2023 under

Sections 307, 323, 427, 506, 148 and 149 of IPC and Sections 25 and 27 of

Arms Act, 1959, registered at Police Station Chattiwind, District Amritsar

Rural and all subsequent proceedings arising therefrom on the basis of

compromise dated 01.04.2023 (Annexure P-2) are quashed qua the

petitioners.

                                                      ( DEEPAK GUPTA )
                                                           JUDGE
30.04.2024
pry


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




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