Sohan Singh And Ors vs State Of Punjab And Anr
2024 Latest Caselaw 19218 P&H

Punjab-Haryana High Court

Sohan Singh And Ors vs State Of Punjab And Anr on 23 October, 2024

                                        Neutral Citation No:=2024:PHHC:139220



CRM-M-45278-2024(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

270                                             CRM-M-45278-2024(O&M)
                                                Date of Decision: 23.10.2024


SOHAN SINGH AND ORS                                   ....PetitionerS

                                      VERSUS

STATE OF PUNJAB AND ORS                               ....Respondent

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. B.B.S. Randhawa, Advocate for the petitioners.

              Mr. Amandeep Singh Samra, AAG, Punjab.

              Mr. Rahul Kumar Prashar, Advocate for respondents no.2.

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 482 of Code

of Criminal Procedure for quashing of G.D. No.26 dated 20.06.2023 in FIR

No.46 dated 19.06.2023 under Sections 324, 323, 429, 148 and 149 of IPC

registered at Police Station Ghanie Ke Banger, District Batala and all the

subsequent proceedings arising therefrom, on the basis of compromise

(Annexure P-3).

2. This Court vide order dated 11.09.2024 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

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

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Neutral Citation No:=2024:PHHC:139220

CRM-M-45278-2024(O&M)

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

submitted copy of report dated 16.10.2024 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 quashing of G.D. No.26 dated

20.06.2023 in FIR No.46 dated 19.06.2023 under Sections 324, 323, 429,

148 and 149 of IPC registered at Police Station Ghanie Ke Banger, District

Batala and all subsequent proceedings arising therefrom on the basis of

compromise (Annexure P-3) are quashed qua the petitioners.

( MANISHA BATRA ) 23.10.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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