Punjab-Haryana High Court
Gurwinder Sharma And Another vs State Of Punjab And Another on 19 January, 2024
Neutral Citation No:=2024:PHHC:007141
2024:PHHC:007141
[240] IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-55530-2023
Date of Decision : 19.01.2024
Gurwinder Sharma and another ...Petitioners
versus
State of Punjab and another ....Respondents
Coram : HON'BLE MR. JUSTICE DEEPAK GUPTA
Present : Mr. Sukhwinder Singh Kamboj, Advocate
for the petitioners.
Mr. Hakam Singh, AAG, Punjab.
Mr. Randeep Singh Gill, Advocate for
Mr. G.S. Nahel, Advocate
for respondent No.2.
***
DEEPAK GUPTA, J. (ORAL)
[1] Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of F.I.R. No.0177, dated 05.10.2022, registered under Sections
323/341/379-B and 506 of IPC, 1860 at Police Station Passayana,
District Patiala, and all subsequent proceedings arising therefrom on the
basis of compromise dated 19.10.2023 (Annexure P-2).
[2] This Court vide order dated 06.11.2023 had directed the parties
to appear before the Trial Court/Illaqa Magistrate to get their statements
recorded and the learned Magistrate was directed to send the report qua the
genuineness of the compromise.
[3] Pursuant to the aforesaid order, parties have appeared before
learned Judicial Magistrate, Ist Class, Patiala, and got their statements rec-
orded. On the basis of the statements so recorded, learned Magistrate has
submitted report dated 16.01.2024 to the effect that the compromise has
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been effected between the parties voluntarily and without any coercion or
undue influence.
[4] Statement of Respondent No.2-complainant namely, Gurvinder
Singh, with regard to compromise was recorded before learned Magistrate on
06.12.2023.
[5] Learned State counsel as well as learned counsel for respondent
No.2 have not disputed the factum of compromise between the parties.
[6] 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 F.I.R. No.0177, dated 05.10.2022, registered under Sections
323/341/379-B and 506 of IPC, 1860 at Police Station Passayana,
District Patiala, and all subsequent proceedings arising therefrom on the basis
of compromise qua petitioners, are hereby quashed.
(DEEPAK GUPTA)
JUDGE
19.01.2024
'Rajneesh'
Whether speaking/ reasoned : Yes/No
Whether reportable : Yes/No
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