Shrivender And Another vs State Of Punjab And Another
2024 Latest Caselaw 16335 P&H

Punjab-Haryana High Court

Shrivender And Another vs State Of Punjab And Another on 5 September, 2024

                                        Neutral Citation No:=2024:PHHC:116614



CRM-M-32277-2024(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                             AT CHANDIGARH

277                                             CRM-M-32277-2024(O&M)
                                                Date of Decision: 05.09.2024


SHRIVENDER AND ANOTHER                                ....Petitioners

                                      VERSUS

STATE OF PUNJAB AND ANOTHER                           ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Kanwaljeet Singh, Advocate for the petitioners.

              Mr. Satjot Singh, AAG, Punjab.

              Mr. Satvir Singh, 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.64 dated 23.03.2022 under

Sections 457 & 380 of IPC registered at Police Station Focal Point, District

Police Commissionerate Ludhiana and all the subsequent proceedings

arising therefrom, on the basis of compromise dated 11.06.2024 (Annexure

P-2).

2. This Court vide order dated 10.07.2024 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, Ludhiana and got their statements

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Neutral Citation No:=2024:PHHC:116614

CRM-M-32277-2024(O&M)

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

submitted report dated 31.08.2024 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 FIR No.64 dated 23.03.2022 under

Sections 457 & 380 of IPC registered at Police Station Focal Point, District

Police Commissionerate Ludhiana and all subsequent proceedings arising

therefrom on the basis of compromise dated 11.06.2024 (Annexure P-2) are

quashed qua the petitioners.

( MANISHA BATRA ) 05.09.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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