Shingara Singh vs State Of Punjab And Anr
2024 Latest Caselaw 4818 P&H

Punjab-Haryana High Court

Shingara Singh vs State Of Punjab And Anr on 4 March, 2024

                                                         Neutral Citation No:=2024:PHHC:030868




                                                         2024:PHHC:030868

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

298                                           CRM-M-2902-2024
                                              Date of Decision:04.03.2024

Shingara Singh                                             .....Petitioner
      Vs.
State of Punjab and Another                                .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Rajbir Singh Guron, Advocate
            for the petitioner.

            Mr. Madhur Sharma, DAG, Punjab.

            Mr. Jaskaran Singh Dhanoa, 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.0052 dated 19.07.2023 registered under Sections 279,

337, 338, 427 of the IPC registered at Police Station Punjab Agriculture

University, Ludhiana, Police Commissionerate Ludhiana and all subsequent

proceedings arising therefrom on the basis of compromise dated 12.09.2023

(Annexure P-2).

2. This Court vide order dated 19.01.2024 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.

3. Pursuant to the aforesaid order, parties have appeared before

Learned Judicial Magistrate 1st Class and got their statements recorded. On

the basis of the statements so recorded, Learned Magistrate has submitted

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2024:PHHC:030868

report dated 20.02.2024 to the effect that the compromise has been effected

between the parties voluntarily and without any coercion or undue influence.

4. Statement of Respondent No.2- complainant, namely, Nikhil

Bhandari with regard to compromise was recorded before learned Magistrate

on 02.02.2024.

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.

7. 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.0052 dated 19.07.2023

registered under Sections 279, 337, 338, 427 of the IPC registered at Police

Station Punjab Agriculture University, Ludhiana, Police Commissionerate

Ludhiana and all subsequent proceedings arising therefrom on the basis of

compromise dated 12.09.2023 (Annexure P-2), are quashed qua the

petitioner.

                                                        ( DEEPAK GUPTA )
March 04, 2024                                               JUDGE
Neetika Tuteja


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




                                                             Neutral Citation No:=2024:PHHC:030868

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