Citation : 2024 Latest Caselaw 10366 P&H
Judgement Date : 14 May, 2024
Neutral Citation No:=2024:PHHC:067611
2024:PHHC:067611
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
282 CRM-M-32970-2023
Date of Decision:14.05.2024
GURJINDER SINGH @ MINTA AND ORS. .....Petitioners
Vs.
STATE OF PUNJAB AND OTHERS .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Paras Jagga, Advocate
for the petitioners.
Mr. Iqbalpreet Singh, AAG, Punjab.
Mr. Bikramjit Singh, Advocate for
Mr. Dhanvir Batish, Advocate for respondent Nos.2 & 3.
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of FIR No.24 dated 16.03.2023, under Sections 452, 323, 506 and
34 IPC, 1860, registered at Police Station Julkan, District Patiala and all
subsequent proceedings arising therefrom on the basis of
compromise/affidavit dated 29.03.2023 (Annexure P-2).
This Court vide orders dated 18.08.2023 and 24.01.2024 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, Patiala and got their statements recorded. On
the basis of the statements so recorded, Learned Magistrate has submitted
reports dated 25.10.2023 and 02.04.2024 to the effect that the compromise
has been effected between the parties voluntarily and without any coercion
or undue influence.
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Neutral Citation No:=2024:PHHC:067611
CRM-M-32970-2023 -2- 2024:PHHC:067611
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 FIR No.24 dated 16.03.2023, under
Sections 452, 323, 506 and 34 IPC, 1860, registered at Police Station Julkan,
District Patiala and all subsequent proceedings arising therefrom on the
basis of compromise/affidavit dated 29.03.2023 (Annexure P-2) are quashed
qua the petitioners.
( DEEPAK GUPTA )
JUDGE
14.05.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
2 of 2
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