Pargat Singh And Ors vs State Of Punjab And Anr
2024 Latest Caselaw 16231 P&H

Punjab-Haryana High Court

Pargat Singh And Ors vs State Of Punjab And Anr on 4 September, 2024

                                        Neutral Citation No:=2024:PHHC:115461



CRM-M-23333-2024(O&M)
                                  1

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                             AT CHANDIGARH

275                                             CRM-M-23333-2024(O&M)
                                                Date of Decision: 04.09.2024


PARGAT SINGH AND ORS                                  ....Petitioners

                                      VERSUS

STATE OF PUNJAB AND ANR                               ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. J.K. Singla, Advocate for the petitioner.

              Mr. Satjot Singh, AAG, Punjab.

              Mr. Kashish Garg, Advocate for respondent no.2

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 482 of Code

of Criminal Procedure for quashing of FIR No.41 dated 10.04.2024 under

Sections 458, 323, 34 of IPC (Act No.45 of 1860) registered at Police

Station Bareta, District Mansa and all the subsequent proceedings arising

therefrom, on the basis of compromise/affidavit dated 15.04.2024 (Annexure

P-2).

2. This Court vide order dated 28.05.2024 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, Budhlada and got their statements

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

submitted report dated 04.07.2024 to the effect that the compromise has

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Neutral Citation No:=2024:PHHC:115461

CRM-M-23333-2024(O&M)

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 FIR No.41 dated 10.04.2024 under

Sections 458, 323, 34 of IPC (Act No.45 of 1860) registered at Police

Station Bareta, District Mansa and all subsequent proceedings arising

therefrom on the basis of compromise dated 15.04.2024 (Annexure P-2)

is/are quashed qua the petitioners.

( MANISHA BATRA ) 04.09.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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