Jagpal Singh vs State Of Punjab And Anr
2024 Latest Caselaw 17339 P&H

Punjab-Haryana High Court

Jagpal Singh vs State Of Punjab And Anr on 18 September, 2024

                                        Neutral Citation No:=2024:PHHC:123525



CRM-M-38128-2024(O&M)
                                  1




            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

285                                             CRM-M-38128-2024(O&M)
                                                Date of Decision: 18.09.2024


JAGPAL SINGH                                    ....Petitioner

                                      VERSUS

STATE OF PUNJAB AND ANR                         ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Rajesh Bhatheja, Advocate for the petitioner.

              Mr. Amandeep Singh Samra, AAG, Punjab.

              Mr. Sandeep Sharma, 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.27 dated 18.06.2022 under

Sections 353, 186, 379, 506 IPC registered at Police Station Ghuman Kalan,

District Gurdaspur and all the subsequent proceedings arising therefrom, on

the basis of compromise dated 27.07.2024 (Annexure P-2).

2. This Court vide order dated 07.08.2024 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

Judicial Magistrate 1st Class, Gurdaspur and got their statements recorded.

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

1 of 2

Neutral Citation No:=2024:PHHC:123525

CRM-M-38128-2024(O&M)

report dated 23.08.2024 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.27 dated 18.06.2022 under

Sections 353, 186, 379, 506 IPC registered at Police Station Ghuman Kalan,

District Gurdaspur and all subsequent proceedings arising therefrom on the

basis of compromise dated 27.07.2024 (Annexure P-2) are quashed qua the

petitioner.

( MANISHA BATRA ) 18.09.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

2 of 2