Baj Singh Alias Gurbaj Singh And Anr vs State Of Punjab And Ors
2024 Latest Caselaw 20396 P&H

Punjab-Haryana High Court

Baj Singh Alias Gurbaj Singh And Anr vs State Of Punjab And Ors on 18 November, 2024

                                        Neutral Citation No:=2024:PHHC:150237



CRM-M-48825-2024(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

286                                             CRM-M-48825-2024(O&M)
                                                Date of Decision: 18.11.2024


BAJ SINGH ALIAS GURBAJ SINGH AND ANR                         ....Petitioners

                                      VERSUS

STATE OF PUNJAB AND ORS                                      ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Balkarn Singh Aulakh, Advocate for the petitioners

              Mr. Rubal Pawar, AAG, Punjab.

              Ms. Hasrat Brar Advocate for
              Mr. Rahul Sharma, 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.92 dated 05.09.2015 under

Sections 420, 465, 468, 471 and 120-B of IPC registered at Police Station

Amargarh, District Sangrur and all the subsequent proceedings arising

therefrom, on the basis of compromise deeds dated 19.12.2023 and 18.09.2024

(Annexure P-2 & P-3).

2. This Court vide order dated 27.09.2024 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 Judicial Magistrate 1st Class, Malerkotla and got their statements

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Neutral Citation No:=2024:PHHC:150237

CRM-M-48825-2024(O&M)

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

submitted report dated 28.10.2024 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.92 dated 05.09.2015 under

Sections 420, 465, 468, 471 and 120-B of IPC registered at Police Station

Amargarh, District Sangrur and all subsequent proceedings arising therefrom

on the basis of compromise deeds dated 19.12.2023 and 18.09.2024 (Annexure

P-2 & P-3) are quashed qua the petitioners.

( MANISHA BATRA ) 18.11.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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