Kulwinder Singh And Ors vs State Of Punjab And Ors
2024 Latest Caselaw 20842 P&H

Punjab-Haryana High Court

Kulwinder Singh And Ors vs State Of Punjab And Ors on 22 November, 2024

                                        Neutral Citation No:=2024:PHHC:154645



CRM-M-48239-2024(O&M)
                                  1




            IN THE HIGH COURT OF PUNJAB AND HARYANA
                             AT CHANDIGARH

252                                             CRM-M-48239-2024(O&M)
                                                Date of Decision: 22.11.2024


KULWINDER SINGH AND ORS                               ....Petitioners

                                      VERSUS

STATE OF PUNJAB AND ORS                               ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Naveen Sharma, Advocate for the petitioner.

              Mr. Amandeep Singh Samra, AAG, Punjab.

              Mr. Munish Gulati, Advocate for respondents no. 2 & 3.

MANISHA BATRA, J. (Oral)

The present 2nd petition has been filed under Section 528 of

Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.226 dated

20.08.2021 under Sections 308, 323, 34 of IPC registered at Police Station

Sadar Fazilka, District Fazilka and all the subsequent proceedings arising

therefrom, on the basis of compromise dated 21.08.2024 (Annexure P-5).

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

Additional Chief Judicial Magistrate, Fazilka and got their statements

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Neutral Citation No:=2024:PHHC:154645

CRM-M-48239-2024(O&M)

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

submitted report dated 08.11.2024 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 respondents Nos.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.226 dated 20.08.2021

under Sections 308, 323, 34 of IPC registered at Police Station Sadar

Fazilka, District Fazilka and all subsequent proceedings arising therefrom on

the basis of compromise dated 21.08.2024 (Annexure P-5) are quashed qua

the petitioners.

( MANISHA BATRA ) 22.11.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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