Gursharn Singh And ORS v. State Of Punjab And Another

2024:PHHC:023242 [289]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-1293-2024 Date of Decision : 20.02.2024 Gursharn Singh and others

...Petitioners

versus State of Punjab and another ....Respondents Coram :

HON'BLE MR. JUSTICE DEEPAK GUPTA Present :

Mr. Vivek Singla, Advocate for the petitioners. Mr. Amandeep Singh Sandhu, DAG, Punjab.

Mr. Shubham Mehta, Advocate for respondent No.2. *** DEEPAK GUPTA, J. (ORAL) [1] Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.0068, dated 14.03.2023, registered under Sections 379, 34 IPC, 1860 at Police Station Civil Lines, Bathinda, District Bathinda, and all subsequent proceedings arising therefrom on the basis of compromise dated 21.12.2023 (Annexure P-2). [2] This Court vide order dated 11.01.2024 had directed the parties to appear before the Trial Court/Illaqa Magistrate to get their statements recorded and the learned Magistrate was directed to send the report qua the genuineness of the compromise.

[3] Pursuant to the aforesaid order, parties have appeared before learned Judicial Magistrate Ist Class-cum-CJJD, Bathinda, and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 19.02.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.

RAJNEESH SHARMA 2024.02.20 05:11 I attest to the accuracy and integrity of this document

2024:PHHC:023242 CRM-M-1293-2024 -2- [4] Statement of Respondent No.2-complainant namely, Jaspal Singh, with regard to compromise was recorded before learned Magistrate on 16.02.2024.

[5] Learned State counsel as well as learned counsel for respondent No.2 have not disputed the factum of compromise between the parties. [6] In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R. 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 F.I.R. No.0068, dated 14.03.2023, registered under Sections 379, 34 IPC, 1860 at Police Station Civil Lines, Bathinda, District Bathinda, and all subsequent proceedings arising therefrom on the basis of compromise qua petitioners, are hereby quashed.

(DEEPAK GUPTA) JUDGE 20.02.2024 'Rajneesh'

Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No RAJNEESH SHARMA 2024.02.20 05:11 I attest to the accuracy and integrity of this document