Citation : 2024 Latest Caselaw 20492 P&H
Judgement Date : 19 November, 2024
Neutral Citation No:=2024:PHHC:151356
CRM-M-49036-2024 -1-
284
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-49036-2024
Date of Decision: 19.11.2024
GURPREET SINGH
.....PETITIONER
VERSUS
STATE OF PUNJAB AND OTHERS
.....RESPONDENTS
CORAM:- HON'BLE MRS. JUSTICE MANISHA BATRA
Present: Mr. Kulwinder Singh, Advocate
for the petitioner.
Mr. Satjot Singh, AAG, Punjab.
Mr. Ravi Kumar, Advocate for
Mr. Avinash Singh Advocate
for respondents No.2 to 4.
MANISHA BATRA, J (ORAL)
The present petition has been filed under Section 482 of Cr.P.C.
for quashing of FIR No.235 dated 02.09.2019 registered under Sections 279,
337, 338, 427 of IPC at Police Station Sardulgarh, District Mansa, and all the
subsequent proceedings arising therefrom, on the basis of compromise dated
18.09.2024 (Annexure P-2).
2. This Court vide order dated 30.09.2024 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.
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Neutral Citation No:=2024:PHHC:151356
3. Pursuant to the aforesaid order, parties have appeared before the
learned Sub Divisional Judicial Magistrate, Sardulgarh and got their
statements recorded. On the basis of the statements so recorded, learned Judge
has submitted report dated 25.10.2024 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 respondents No.2 to
4 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.235 dated 02.09.2019 registered
under Sections 279, 337, 338, 427 of IPC at Police Station Sardulgarh, District
Mansa, all subsequent proceedings arising therefrom on the basis of
compromise dated 18.09.2024 (Annexure P-2) are quashed qua the petitioner.
(MANISHA BATRA)
19.11.2024 JUDGE
vipin
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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