Sohan Singh Parmar vs State Of Punjab And Another
2024 Latest Caselaw 17341 P&H

Punjab-Haryana High Court

Sohan Singh Parmar vs State Of Punjab And Another on 18 September, 2024

                                        Neutral Citation No:=2024:PHHC:123552



CRM-M-34725-2024(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

278                                             CRM-M-34725-2024(O&M)
                                                Date of Decision: 18.09.2024


SOHAN SINGH PARMAR                                    ....Petitioner
                       VERSUS
STATE OF PUNJAB AND ANOTHER                           ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Maninder Singh Saini, Advocate for the petitioner.

              Mr. Satjot Singh, AAG, Punjab.

              Mr. Jaskaran Singh Panjrath, 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.38 dated 20.05.2022 under

Sections 3(1)(r) of Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 registered at Police Station Sadar Phagwara, District

Kapurthala and all the subsequent proceedings arising therefrom, on the

basis of compromise dated 24.02.2024 (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

learned Judicial Magistrate 1st Class, Phagwara 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:123552

CRM-M-34725-2024(O&M)

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.38 dated 20.05.2022 under

Sections 3(1)(r) of Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 registered at Police Station Sadar Phagwara, District

Kapurthala and all subsequent proceedings arising therefrom on the basis of

compromise dated 24.02.2024 (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

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