Hardip Masih Alias Love And Ors vs State Of Punjab And Anr
2024 Latest Caselaw 16451 P&H

Punjab-Haryana High Court

Hardip Masih Alias Love And Ors vs State Of Punjab And Anr on 6 September, 2024

                                        Neutral Citation No:=2024:PHHC:117264



CRM-M-18378-2024(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

251                                             CRM-M-18378-2024(O&M)
                                                Date of Decision: 06.09.2024


HARDIP MASIH ALIAS LOVE AND ORS                              ....Petitioners

                                    VERSUS

STATE OF PUNJAB AND ANR                                      ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Ritesh Pandey, Advocate for the petitioners.

              Mr. Amandeep Singh Samra, AAG, Punjab.

              Mr. Azam Khan, 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.55 dated 15.06.2019 under

Sections 326, 324, 427, 148 and 149 of IPC registered at Police Station

Dhariwal District Gurdaspur and all the subsequent proceedings arising

therefrom, on the basis of compromise dated 19.02.2024 (Annexure P-2).

2. This Court vide order dated 16.07.2024 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, Gurdaspur and got their statements

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

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Neutral Citation No:=2024:PHHC:117264

CRM-M-18378-2024(O&M)

submitted report dated 22.08.2024 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.55 dated 15.06.2019 under

Sections 326, 324, 427, 148 and 149 of IPC registered at Police Station

Dhariwal District Gurdaspur and all subsequent proceedings arising

therefrom on the basis of compromise dated 19.02.2024 (Annexure P-2) are

quashed qua the petitioners.

( MANISHA BATRA ) 06.09.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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