Citation : 2024 Latest Caselaw 20906 P&H
Judgement Date : 25 November, 2024
Neutral Citation No:=2024:PHHC:155527
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
265 CRM-M M No.44234 of 2023
Date of decision: 25.11.2024
JIT SINGH @ JEET SINGH AND OTHERS .... Petitioners
Versus
STATE OF PUNJAB AND OTHERS .... Respondents
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Ms. Ashu Rana, Advocate for
Ms
Mr. Mitul Singh Rana, Advocate for the petitioners.
Mr. Satjot Singh, A.A.G., Punjab.
Mr. Rajdeep Singh, Advocate for
Ms. Pinki Mehta, Advocate for respondents No.2 to 4.
****
MANISHA BATRA, BATRA J. (oral)
1. The present petition has been filed under Section 482 of Code of
Criminal Procedure for quashing of FIR No.12 dated 28.01.
28.01.2020 2020 registered
under Sections 323, 325, 148 and 149 of IPC at Police Station Bullowal,
District Hoshiarpur iarpur and all the subsequent proceedings arising therefrom, on
the basis of compromise dated 19.04.2023 (Annexure P P-2).
2. This Court vide orders dated 22.02.2024, 18.07.2024 and
thereafter 25.10.2024 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, Hoshiarp Hoshiarpur ur and got their statements
recorded. On the basis of the statements so recorded, learned Judge has
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Neutral Citation No:=2024:PHHC:155527
CRM-M
submitted report dated 29.04.2024 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
4have 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 Cou 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.12 dated 28.01.2020 registered under
Sections 323, 325, 148 and 149 of IPC at Police Station Bullowal, District
Hoshiarpur and all subsequent proceedings arising th therefrom erefrom on the basis of
compromise dated 19.04.2023 (Annexure P-2) P 2) are quashed qua the petitioners.
(MANISHA BATRA) 25.11.2024 JUDGE Jyoti-IV Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No
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