Punjab-Haryana High Court
Manmeet Singh And Others vs State Of Punjab on 9 May, 2024
Neutral Citation No:=2024:PHHC:065301
2024:PHHC:065301
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
201 CRM-M-26641-2020 (O&M)
Date of Decision:09.05.2024
MANMEET SINGH AND OTHERS .....Petitioners
Vs.
STATE OF PUNJAB AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: Mr. Rajbinder Singh Sidhu, Advocate for
Mr. Nitesh Singhi, Advocate for the petitioners.
Mr. Amandeep Singh, DAG, Punjab.
Mr. Pradeep Panwar, Advocate
for respondent No.2.
******
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of FIR No.177 dated 03.11.2019, under Sections 323, 341, 506,
34, 427 and 452 IPC, registered at Police Station Shimlapuri, District
Ludhiana and all subsequent proceedings arising therefrom on the basis of
compromise dated 03.02.2020 (Annexure P-2).
This Court vide order dated 07.02.2023 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, only petitioners No.1 & 4 along
with complainant-respondent No.2 had appeared before Judicial Magistrate
Ist Class, Ludhiana and got their statements recorded. On the basis of the
statements so recorded, learned Magistrate has submitted report dated
1 of 3
Neutral Citation No:=2024:PHHC:065301
CRM-M-26641-2020 -2- 2024:PHHC:065301
11.04.2023 to the effect that the compromise has been effected between the
parties voluntarily and without any coercion or undue influence. However,
at that time petitioners No.2 and 3 did not appear.
This Court vide order dated 18.04.2023 had directed petitioners
No.2 & 3 [wrongly recorded as petitioners No.3 & 4 in the said order] along
with complainant-respondent No.2 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, petitioners No.2 & 3 failed to
appear before the ld. Magistrate to get their statement recorded.
Again on 28.02.2024, while allowing application bearing CRM-
52222-2023, filed by the applicant-petitioners, to grant one more
opportunity to the parties to get their statement recorded in terms of order
dated 07.02.2023/18.04.2023, petitioners No.2 & 3 [wrongly recorded as
petitioners No.3 & 4 in the said order] along with complainant-respondent
No.2 were directed 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, only petitioners No.2 & 3 along
with complainant-respondent No.2 had appeared before Judicial Magistrate
Ist Class, Ludhiana and got their statements recorded. On the basis of the
statements so recorded, learned Magistrate has submitted report dated
23.04.2024 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-
2 of 3
Neutral Citation No:=2024:PHHC:065301
CRM-M-26641-2020 -2- 2024:PHHC:065301
complainant 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 FIR No.177 dated 03.11.2019, under
Sections 323, 341, 506, 34, 427 and 452 IPC, registered at Police Station
Shimlapuri, District Ludhiana and all subsequent proceedings arising
therefrom on the basis of compromise dated 03.02.2020 (Annexure P-2) are
quashed qua the petitioners.
( DEEPAK GUPTA )
JUDGE
09.05.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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