Buta Singh vs State Of Punjab And Another
2024 Latest Caselaw 16338 P&H

Punjab-Haryana High Court

Buta Singh vs State Of Punjab And Another on 5 September, 2024

                                        Neutral Citation No:=2024:PHHC:116618



CRM-M-22665-2024(O&M)
                                  1




            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

272                                             CRM-M-22665-2024(O&M)
                                                Date of Decision: 05.09.2024


BUTA SINGH                                            ....Petitioner

                                      VERSUS

STATE OF PUNJAB AND ANOTHER                           ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Kanwaljit Singh, Advocate for the petitioner.

              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.68 dated 18.04.2021 under

Sections 377, 511 and 506 of IPC (Section 18 of POCSO Act, 2012 added

later on) registered at Police Station Samrala District Khanna, Ludhiana and

all the subsequent proceedings arising therefrom, on the basis of

compromise dated 19.04.2024 (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 Principal Magistrate, Juvenile Justice Board, Ludhiana Additional

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Neutral Citation No:=2024:PHHC:116618

CRM-M-22665-2024(O&M)

District and Sessions Judge, and got their statements 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.68 dated 18.04.2021 under

Sections 377, 511 and 506 of IPC (Section 18 of POCSO Act, 2012 added

later on) registered at Police Station Samrala District Khanna, Ludhiana and

all subsequent proceedings arising therefrom on the basis of compromise

dated 19.04.2024 (Annexure P-2) are quashed qua the petitioner.

( MANISHA BATRA ) 05.09.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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