Punjab-Haryana High Court
Chanan Singh And Others vs State Of Punjab And Another on 6 May, 2024
Neutral Citation No:=2024:PHHC:062446
280(2) 2024:PHHC:062446
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-10338-2024
Decided On: 06.05.2024
CHANAN SINGH AND OTHERS .....PETITIONER(s)
Versus
STATE OF PUNJAB AND OTHERS .....RESPONDENT(s)
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: Mr. Rakesh Kumar Kachura, Advocate
for the petitioners.
Mr. Ramandeep Singh, Sr. DAG, Punjab.
Mr. Kamal Narula, Advocate
for respondent Nos.2 and 3.
DEEPAK GUPTA, J.(Oral)
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing
of cross version recorded vide DDR No.48 dated 02.09.2022 registered at Police
Station Lakho Ke Behram, Ferozepur under Sections 324, 323, 148 and 149 IPC
(Section 325 IPC added later on) in case F.I.R. No.103 dated 02.09.2022,
registered under Sections 307, 324, 323, 148, 149 of IPC (Section 326 IPC added
later on) and Section 25/27 of Arms Act at Police Station Lakho Ke Behram,
District Ferozepur and all subsequent proceedings arising therefrom on the basis
of compromise dated 08.02.2024.
This Court vide order dated 04.03.2024 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
Judicial Magistrate Ist Class, Guruharsahai and got their statements recorded. On
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Neutral Citation No:=2024:PHHC:062446
CRM-M-10338-2024 -2- 2024:PHHC:062446
the basis of the statements so recorded, learned Magistrate has submitted report
dated 03.04.2024 to the effect that the compromise has been effected between the
parties voluntarily and without any coercion or undue influence.
Statement of Respondent Nos.2 and 3, namely, Harjinder @
Sukhjinder Singh and Niranjan Singh with regard to compromise was recorded
before learned Magistrate on 19.03.2024.
Learned State counsel as well as learned 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 DDR No.48
dated 02.09.2022 registered at Police Station Lakho Ke Behram, Ferozepur under
Sections 324, 323, 148 and 149 IPC (Section 325 IPC added later on) in case
F.I.R. No.103 dated 02.09.2022, registered under Sections 307, 324, 323, 148,
149 of IPC (Section 326 IPC added later on) and Section 25/27 of Arms Act at
Police Station Lakho Ke Behram, District Ferozepur 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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