Harmanjeet Singh And Ors vs State Of Punjab And Another
2024 Latest Caselaw 1895 P&H

Punjab-Haryana High Court

Harmanjeet Singh And Ors vs State Of Punjab And Another on 29 January, 2024

                                                         Neutral Citation No:=2024:PHHC:011483




                                                         2024:PHHC:011483

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH
                           ****

298                                           CRM-M-57325-2023 (O&M)
                                              Date of Decision:29.01.2024

Harmanjeet Singh & Others                                  .....Petitioners
            Vs.
State of Punjab and Another                                .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Sunil Agnihotri, Advocate
            for the petitioners.

            Mr. Amit Rana, Senior DAG, Punjab.

            Mr. Vishal Munjal, Advocate
            for respondent No.2.

                         ****

DEEPAK GUPTA, J.

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

quashing of F.I.R. No.0019 dated 28.01.2023 registered under Sections 307,

506, 34 of the IPC & Section 25 of Arms Act registered at Police Station

Mukerian, District Hoshiarpur and all subsequent proceedings arising

therefrom on the basis of compromise dated 02.09.2023 (Annexure P-2).

This Court vide order dated 15.11.2023 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

Learned Sub Divisional Judicial Magistrate and got their statements

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

submitted report dated 04.01.2024 to the effect that the compromise has

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been effected between the parties voluntarily and without any coercion or

undue influence.

Learned State counsel as well as learned 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 F.I.R. No.0019 dated 28.01.2023

registered under Sections 307, 506, 34 of the IPC & Section 25 of Arms Act

registered at Police Station Mukerian, District Hoshiarpur and all subsequent

proceedings arising therefrom on the basis of compromise dated 02.09.2023

(Annexure P-2), are quashed qua the petitioners.

                                                        ( DEEPAK GUPTA )
                                                             JUDGE
January 29, 2024
Neetika Tuteja


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




                                                             Neutral Citation No:=2024:PHHC:011483

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