Gurpreet Singh And Another vs State Of Punjab And Another
2024 Latest Caselaw 6231 P&H

Punjab-Haryana High Court

Gurpreet Singh And Another vs State Of Punjab And Another on 19 March, 2024

                                       Neutral Citation No:=2024:PHHC:039520



                                                           2024:PHHC:039520

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

276                                            CRM-M-4275-2024
                                               Date of Decision:19.03.2024

GURPREET SINGH AND ANOTHER                                   .....Petitioners

             Vs.

STATE OF PUNJAB AND ANOTHER                                 .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-    Mr. Jasinder Singh Sekhon, Advocate for the petitioner.

             Mr. Amandeep Singh, DAG, Punjab.

             Mr. Sanpreet Singh Kalia, 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.107 dated 07.11.2023 registered under Sections 341,

323, 148 and 149 of IPC and (Section 326 IPC added later on) at Police

Station Chamkaur Sahib, District Rupnagar and all subsequent proceedings

arising therefrom on the basis of compromise dated 16.01.2024 (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 Ist Class, Rupnagar and got their statements recorded.

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

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Neutral Citation No:=2024:PHHC:039520

CRM-M-4275-2024 -2- 2024:PHHC:039520

submitted report dated 14.03.2024 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.107 dated 07.11.2023

registered under Sections 341, 323, 148 and 149 of IPC and (Section 326

IPC added later on) at Police Station Chamkaur Sahib, District Rupnagar

and all subsequent proceedings arising therefrom on the basis of

compromise dated 16.01.2024 (Annexure P-2) are quashed qua the

petitioner.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
19.03.2024
pry


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




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