Citation : 2024 Latest Caselaw 9484 P&H
Judgement Date : 2 May, 2024
Neutral Citation No:=2024:PHHC:060605
2024:PHHC:060605
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
202 CRM-M-60854-2023
Date of Decision:02.05.2024
LAKHWINDER SINGH ALIAS BHOLA AND OTHERS
.....Petitioners
Vs.
STATE OF PUNJAB AND OTHERS .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Ankit Kharbanda, Advocate
for the petitioners.
Mr. Ramandeep Singh, Sr. DAG, Punjab.
Mr. Anirudh Gupta, Advocate for respondent Nos. 2 to 5.
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of FIR No.0063 dated 10.03.2021 under Sections 452, 323, 427,
506, 148 and 149 IPC, registered at Police Station Jandiala, District
Amritsar Rural and all subsequent proceedings arising therefrom on the
basis of compromise dated 15.11.2023 (Annexure P-2).
This Court vide order dated 04.12.2023 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, parties have appeared before
Judicial Magistrate Ist Class, Amrtisar and got their statements recorded. On
the basis of the statements so recorded, Learned Magistrate has submitted
report dated 20.12.2023 to the effect that the compromise has been effected
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Neutral Citation No:=2024:PHHC:060605
CRM-M-60854-2023 -2- 2024:PHHC:060605
between the parties voluntarily and without any coercion or undue influence.
Learned State counsel as well as counsel for respondent Nos.2
to 5 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.0063 dated 10.03.2021 under
Sections 452, 323, 427, 506, 148 and 149 IPC, registered at Police Station
Jandiala, District Amritsar Rural and all subsequent proceedings arising
therefrom on the basis of compromise dated 15.11.2023 (Annexure P-2) are
quashed qua the petitioners.
( DEEPAK GUPTA )
JUDGE
02.05.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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