Gursewak Singh @ Sewak Dhillon And ... vs State Of Punjab And Others
2024 Latest Caselaw 20185 P&H

Punjab-Haryana High Court

Gursewak Singh @ Sewak Dhillon And ... vs State Of Punjab And Others on 13 November, 2024

                                      Neutral Citation No:=2024:PHHC:148449



      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

      271                                CRM-M M No.5199 of 2023
                                         Date of decision: 13.11.2024


GURSEWAK SINGH @ SEWAK DHILLON AND OTHERS
                                    .... Petitioners
                        Versus

STATE OF PUNJAB AND OTHERS                                      .... Respondents

CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA

Present :   Mr Kuldip Singh,, Advocate for the petitioner
            Mr.                                petitioners.

             Mr. Satjot Singh, A.A.G., Punjab.

            Ms. Gaganpreet Kaur, Advocate for
            Mr. Sameydeen Advocate for respondents No.2 and 3.
                  ****

MANISHA BATRA, BATRA J. (oral)

1. The present petition has been filed under Section 482 of Code of

Criminal Procedure for quashing of FIR No.197 dated 29.11.2022 registered

under Sections 323, 324, 336, 148 and 149 of IPC and Sections 25 and 27 of

Arms Act, at Police Station Jalalabad, Jalalabad, District Fazilka and all the subsequent

proceedings arising therefrom, on the basis of compromise dated 17.01.2023

(Annexure P-2).

2).

2. This Court vide order dated 28.08.2023 had directed the parties to

appear before the learned trial Court to get get their statements recorded and the

learned Magistrate was directed to send its report qua the genuineness of the

compromise. However, pursuant of aforesaid order respondent No.3 did not

appear before the learned trial Court and his statement could not be recorded

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Neutral Citation No:=2024:PHHC:148449

CRM-M

on that day. Thereafter, vide order dated 25.09.2024, respondent No.3

appeared before the learned trial Court and had recorded his statement.

3. Pursuant to the aforesaid orders, learned Sub Sub-Divisional Divisional Judicial

Magistrate,, Jalalabad Jala (west) had sent his report reports dated 19.09.2023 and

thereafter dated 29.10.2024 qua recording statements of parties as well as the

Investigating Officer to the effect that the compromise has been effected

between the parties voluntarily and without any coercion or undue influen influence.

4. Learned State counsel as well as counsel for respondent respondents No.2 and

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 Cou 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 Versus State of Punjab and others (2012) 10 SCC 303 303,,

this petition is allowed and FIR No.197 dated 29.11.2022 registered under

Sections 323, 324, 336, 148 and 149 of IPC and Sections 25 and 27 fo Arms

Act, at Police Station Jalalabad, District Fazilka and all subsequent

proceedings arising therefrom on the basis of compromise dated 17.01.2023

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

petitioners.

(MANISHA BATRA) 13.11.2024 JUDGE Jyoti-IV Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No

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