Citation : 2024 Latest Caselaw 13382 P&H
Judgement Date : 1 August, 2024
Neutral Citation No:=2024:PHHC:098182
CRM-M-49758-2023
281-2 IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-49758-2023
Date of decision: 1st August, 2024
Gurwinder Singh and others
...Petitioner(s)
Versus
State of Haryana and others
...Respondent(s)
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present: Mr. K.S. Cheema, Advocate for the petitioners.
Mr. Neeraj Poswal, AAG, Haryana.
Mr. T.P. Singh, Advocate for respondents No. 2 to 24.
***
MANISHA BATRA, J (ORAL):-
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of FIR No. 191 dated 29.05.2018 under Sections 148, 149, 323,
324 and 506 of IPC, 1860 and Sections 25 and 27 of Arms Act, 1959
registered at Police Station Nissing, District Karnal and all subsequent
proceedings arising therefrom on the basis of compromise deed dated
29.04.2023 (Annexure P-6).
2. This Court vide order dated 20.03.2024 had directed the parties
to appear before the trial Court to get their statements recorded qua the
genuineness of the compromise.
3. Pursuant to the aforesaid order, parties have appeared before
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Neutral Citation No:=2024:PHHC:098182
CRM-M-49758-2023
learned Additional Sessions Judge, Karnal and got their statements recorded.
On the basis of the statements so recorded, Learned Additional Sessions
Judge has submitted report dated 28.05.2024 to the effect that the
compromise has been effected between the parties voluntarily and without
any coercion or undue influence.
4. Learned State counsel as well as counsel for respondents No.2
tp 24 have not disputed the factum of compromise between the parties.
5. In view of the above, no useful purpose would be served to
continue with the proceedings before the trial Court in the instant FIR
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. 191 dated 29.05.2018 under Sections 148,
149, 323, 324 and 506 of IPC, 1860 and Sections 25 and 27 of Arms Act,
1959 registered at Police Station Nissing, District Karnal and all subsequent
proceedings arising therefrom on the basis of compromise deed dated
29.04.2023 (Annexure P-6) are quashed qua the petitioners.
[MANISHA BATRA] JUDGE 1st August, 2024 Parveen Sharma
1. Whether speaking/ reasoned : Yes / No
2. Whether reportable : Yes / No
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