Gajjan Singh @ Sukhwant Singh vs State Of Punjab And Another
2024 Latest Caselaw 6229 P&H

Punjab-Haryana High Court

Gajjan Singh @ Sukhwant Singh vs State Of Punjab And Another on 19 March, 2024

                                       Neutral Citation No:=2024:PHHC:039506



                                                           2024:PHHC:039506

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

277                                            CRM-M-4283-2024
                                               Date of Decision:19.03.2024

GAJJAN SINGH @ SUKHWANT SINGH                                .....Petitioner

             Vs.

STATE OF PUNJAB AND ANOTHER                                 .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-    Mr. Simranjot S. Nagra, Advocate for the petitioner.

             Mr. Amandeep Singh, DAG, Punjab.

             Mr. Amrit Singh Kang, 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.164 dated 20.10.2022 registered under Sections 341,

323 and 34 of IPC and Section 308 IPC added later on vide DDR No. 38

dated 29.10.2022 at Police Station Sardulgarh, District Mansa and all

subsequent proceedings arising therefrom on the basis of compromise dated

20.01.2024 (Annexure P-3).

This Court vide order dated 29.01.2024 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.

Pursuant to the aforesaid order, parties have appeared before

District & Sessions Judge, Mansa and got their statements recorded. On the

basis of the statements so recorded, Learned Sessions Judge has submitted

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Neutral Citation No:=2024:PHHC:039506

CRM-M-4283-2024 -2- 2024:PHHC:039506

report dated 22.02.2024 to the effect that 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 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.164 dated 20.10.2022

registered under Sections 341, 323 and 34 of IPC and Section 308 IPC

added later on vide DDR No. 38 dated 29.10.2022 at Police Station

Sardulgarh, District Mansa and all subsequent proceedings arising therefrom

on the basis of compromise dated 20.01.2024 (Annexure P-3) are quashed

qua the petitioner.

                                                        ( DEEPAK GUPTA )
                                                             JUDGE
19.03.2024
pry


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




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