Citation : 2024 Latest Caselaw 20905 P&H
Judgement Date : 25 November, 2024
Neutral Citation No:=2024:PHHC:155482
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
273 CRM-M M No.50368 of 2024
Date of decision: 25.11.2024
DILBAG SINGH AND OTHERS .... Petitioners
Versus
STATE OF PUNJAB
PUNJ AND OTHERS .... Respondents
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr Gagandeep Singh Bajwa,, Advocate for the petitioner
Mr. petitioners.
Mr. Satjot Singh, A.A.G., Punjab.
Mr. Simranjit Singh, Advocate for respondents No.2 to 4.
****
MANISHA BATRA, BATRA J. (oral)
1. The present petition has been filed for quashing of FIR No.26
dated 28.02.2018 registered under Sections 323, 324 and 34 of IPC at Police
Station Jandiala, District Amritsar and all the subsequent proceedings arising
therefrom, on the basis of compromise dated 07.09.2024 (Annexure P P-2).
2. This Court vide order dated 14.10 14.10.2024 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.
3. Pursuant to the aforesaid order, parties have appeared before the
learned Judicial Magistrate Ist Class, Class, Amritsar and got their statements
recorded. On the basis of the statements so recorded, learned Judge has
submitted a copy of report dated 21.11.2024 to o the effect that the compromise
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Neutral Citation No:=2024:PHHC:155482
CRM-M
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 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 303 303,,
this petition is allowed and FIR No.26 dated 28.02.2018 registered under
Sections 323, 324 and 34 of IPC at Police Station Jandiala, District Amritsar
and all subsequent proceedings arising therefrom on the basis of compromise
dated 07.09.2024 (Annexure P-2) P ) are quashed qua the petitioners petitioners.
(MANISHA BATRA) 25.11.2024 JUDGE Jyoti-IV Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No
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