Citation : 2024 Latest Caselaw 9704 P&H
Judgement Date : 6 May, 2024
Neutral Citation No:=2024:PHHC:062332
284 2024:PHHC:062332
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-13339-2024
Decided On: 06.05.2024
KULVEER SINGH ALIAS KULVIR SINGH
.....PETITIONER(s)
Versus
STATE OF PUNJAB AND ANOTHER
.....RESPONDENT(s)
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: Mr. Sukhbir Maandi, Advocate for
Mr. Paras Jagga, Advocate
for the petitioner.
Mr. Ramandeep Singh, Sr. DAG, Punjab.
Mr. Harvinder Singh, Advocate for
Mr. Dhanvir Batish, Advocate
for respondent No.2.
DEEPAK GUPTA, J.(Oral)
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing
of F.I.R. No.145 dated 14.10.2023, registered under Sections 406, 420, 120-B of
IPC at Police Station Sirhind, District Fatehgarh Sahib and all subsequent
proceedings arising therefrom on the basis of compromise dated 16.12.2023.
This Court vide order dated 15.03.2024 had directed the parties to
appear before the Trial Court/Illaqa Magistrate to get their statements recorded
and the learned Magistrate was directed to send his/her report qua the
genuineness of the compromise.
Pursuant to the aforesaid order, parties have appeared before learned
Chief Judicial Magistrate, Fatehgarh Sahib and got their statements recorded. On
the basis of the statements so recorded, learned Magistrate has submitted report
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Neutral Citation No:=2024:PHHC:062332
CRM-M-13339-2024 -2- 2024:PHHC:062332
dated 08.04.2024 to the effect that the compromise has been effected between the
parties voluntarily and without any coercion or undue influence.
Statement of Respondent No.2-complainant, namely, Surinder Singh
with regard to compromise was recorded before learned Magistrate on
01.04.2024.
Learned State counsel as well as learned 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.145
dated 14.10.2023, registered under Sections 406, 420, 120-B of IPC at Police
Station Sirhind, District Fatehgarh Sahib and all subsequent proceedings arising
therefrom on the basis of compromise qua petitioner(s), are hereby quashed.
(DEEPAK GUPTA)
06.05.2024 JUDGE
Aman Dua
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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