Harvinder Singh Alias Happy And Ors vs State Of Punjab And Ors
2024 Latest Caselaw 20737 P&H

Punjab-Haryana High Court

Harvinder Singh Alias Happy And Ors vs State Of Punjab And Ors on 21 November, 2024

                                         Neutral Citation No:=2024:PHHC:153729



CRM-M-14835-2024(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

280                                                CRM-M-14835-2024(O&M)
                                                   Date of Decision: 21.11.2024


HARVINDER SINGH ALIAS HAPPY AND ORS                              ....Petitioners

                                   VERSUS

STATE OF PUNJAB AND ORS                                          ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Anil Kumar Garg, Advocate for the petitioners.

              Mr. Amandeep Singh Samra, AAG, Punjab.

              Mr. Naveen Bawa, Advocate for respondent no.2.

              Mr. Sham Lal Saha, Advocate for respondent no.3.

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 482 of Code

of Criminal Procedure for quashing of FIR No.0188 dated 08.09.2021 under

Sections 324, 323, 506, 380, 452, 120-B, 34 of IPC registered at Police

Station Tibba, District Police Commissionerate, Ludhiana and all the

subsequent proceedings arising therefrom, on the basis of

compromise/settlement dated 20.05.2024.

2. This Court vide order dated 31.08.2024 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:153729

CRM-M-14835-2024(O&M)

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

learned Judicial Magistrate 1st Class, Ludhiana and got their statements

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

submitted report dated 14.11.2024 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 &

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.0188 dated 08.09.2021

under Sections 324, 323, 506, 380, 452, 120-B, 34 of IPC registered at

Police Station Tibba, District Police Commissionerate, Ludhiana and all

subsequent proceedings arising therefrom on the basis of

compromise/settlement dated 20.05.2024 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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