Brijesh Kumar And Ors vs State Of Punjab And Another
2024 Latest Caselaw 20731 P&H

Punjab-Haryana High Court

Brijesh Kumar And Ors vs State Of Punjab And Another on 21 November, 2024

                                        Neutral Citation No:=2024:PHHC:153747



CRM-M-49475-2024(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                             AT CHANDIGARH

288                                             CRM-M-49475-2024(O&M)
                                                Date of Decision: 21.11.2024


BRIJESH KUMAR AND ORS                                        ....Petitioners

                                      VERSUS

STATE OF PUNJAB AND ANOTHER                                  ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Inder Singh, Advocate for the petitioners.

              Mr. Amandeep Singh Samra, AAG, Punjab.

              Mr. Gaurav Kumar, Advocate for
              Mr. Rajinder Kumar, Advocate for respondent no.2.

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 528 of

Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.252 dated

17.10.2022, under Sections 384 (later on converted into 387), 507 read with

Section 511 IPC of registered at Police Station Lambi, District Sri Muktsar

Sahib and all the subsequent proceedings arising therefrom, on the basis of

compromise dated 15.09.2024 (Annexure P-2).

2. This Court vide order dated 03.10.2024 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:153747

CRM-M-49475-2024(O&M)

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

learned Sub Divisional Judicial Magistrate, Malout and got their statements

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

submitted copy of report dated 04.11.2024 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

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.252 dated 17.10.2022,

under Sections 384 (later on converted into 387), 507 read with Section 511

IPC of registered at Police Station Lambi, District Sri Muktsar and all

subsequent proceedings arising therefrom on the basis of compromise dated

15.09.2024 (Annexure P-2) are quashed qua the petitioners.

( MANISHA BATRA ) 21.11.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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