Mohd. Amzad And Ors vs State Of Punjab And Ors
2024 Latest Caselaw 19351 P&H

Punjab-Haryana High Court

Mohd. Amzad And Ors vs State Of Punjab And Ors on 4 November, 2024

                                        Neutral Citation No:=2024:PHHC:143221



CRM-M-46400-2024(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

267                                             CRM-M-46400-2024(O&M)
                                                Date of Decision: 04.11.2024


MOHD. AMZAD AND ORS                                          ....Petitioners

                                      VERSUS

STATE OF PUNJAB AND ORS                                      ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Sanjeev Kumar, Advocate for
              Mr. Abdul Aziz, Advocate for the petitioners.

              Mr. Satjot Singh, AAG, Punjab.

              Mr. Rupender Singh Rana, Advocate for respondents no. 2 & 3.

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 482 of Code

of Criminal Procedure for quashing of FIR No.12 dated 10.02.2024 under

Sections 455, 323, 341, 148 and 149 of IPC and Section 25 of Arms Act

registered at Police Station City-1, Malerkotla and all the subsequent

proceedings arising therefrom, on the basis of compromise dated 17.08.2024

(Annexure P-2).

2. This Court vide order dated 18.09.2024 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.

3. Pursuant to the aforesaid order, parties have appeared before the

learned Sub-Divisional Judicial Magistrate, Malerkotla and got their

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Neutral Citation No:=2024:PHHC:143221

CRM-M-46400-2024(O&M)

statements recorded. On the basis of the statements so recorded, learned

Magistrate has submitted report dated 10.10.2024 to the effect that the

compromise has been effected between the parties voluntarily and without

any coercion or undue influence.

4. Learned State counsel as well as counsel for respondent No.2 &

3 have not disputed the factum of compromise between the parties.

5. In view of the above, no useful purpose would be served to

continue with the proceedings before the trial Court in the instant FIR.

6. 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.12 dated 10.02.2024 under

Sections 455, 323, 341, 148 and 149 of IPC and Section 25 of Arms Act

registered at Police Station City-1, Malerkotla and all subsequent

proceedings arising therefrom on the basis of compromise dated 17.08.2024

(Annexure P-2) are quashed qua the petitioners.

( MANISHA BATRA ) 04.11.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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