Ashish Kumar @ Ashu vs State Of Punjab And Others
2024 Latest Caselaw 6230 P&H

Punjab-Haryana High Court

Ashish Kumar @ Ashu vs State Of Punjab And Others on 19 March, 2024

                                       Neutral Citation No:=2024:PHHC:039491



                                                           2024:PHHC:039491

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

275                                            CRM-M-3963-2024
                                               Date of Decision:19.03.2024

ASHISH KUMAR @ ASHU                                         .....Petitioner

             Vs.

STATE OF PUNJAB AND OTHERS                                  .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-    Mr. Ramandeep, Advocate and
             Mr. G.S. Jagpal, Advocate for the petitioner.

             Mr. Amandeep Singh, DAG, Punjab.

             Mr. Gurcharan Singh Bains, Advocate
             for respondent Nos.2 and 3

                          ****
DEEPAK GUPTA, J.

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

quashing of F.I.R. No.73 dated 10.05.2015 registered under Section 420

IPC (Section 34 IPC added later on) at Police Station Sadar, Samana,

District Patiala and all subsequent proceedings arising therefrom on the

basis of compromise dated 12.01.2024 (Annexure P-2).

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

Judicial Magistrate First Class, Samana, District Patiala and got their

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

Magistrate has submitted report dated 07.03.2024 to the effect that the

1 of 2

Neutral Citation No:=2024:PHHC:039491

CRM-M-3963-2024 -2- 2024:PHHC:039491

compromise has been effected between the parties voluntarily and without

any coercion or undue influence.

Learned State counsel as well as counsel for respondent Nos.2

and 3 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.73 dated 10.05.2015

registered under Section 420 IPC (Section 34 IPC added later on) at Police

Station Sadar Samana, District Patiala and all subsequent proceedings

arising therefrom on the basis of compromise dated 12.01.2024 (Annexure

P-2) are quashed qua the petitioner.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
19.03.2024
pry


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




                                       2 of 2