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High Court of Punjab and HaryanaCRM-M/1849/2023allowed

Ravijot Singh @ Ravi Singh And Another v. State Of Punjab And Another

2023-03-23Mr. Justice Deepak Gupta2 pages

CRM-M-1849-2023 254 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-1849-2023 Date of Decision: March 23, 2023 Ravijot Singh and others

...Petitioners

Versus

State of Punjab and another

...Respondents

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Sarbjit Singh, Advocate for the petitioners. Mr. Parneet Singh Pandher, AAG, Punjab.

Mr. G.S. Thind, Advocate for respondent No.2. DEEPAK GUPTA , J.(Oral) Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.176, dated 07.07.2021, registered under Sections 379, 427, 341, 506, 148 and 149 of IPC at Police Station Beas, District Amritsar (Annexure P-1) and all subsequent proceedings arising therefrom qua the petitioners on the basis of compromise dated 03.10.2022 and affidavit dated 06.10.2022 (Annexures P-2 and P-3). This Court vide order dated 18.01.2023 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 his/her report qua the genuineness of the compromise. Pursuant to the aforesaid order, parties have appeared before learned Sub Divisional Judicial Magistrate, Baba Bakala Sahib, District Amritsar and got their statements recorded. On the basis of the statements Page no.1 out of 2 pages SARITA RANI 2023.03.24 02:20 I attest to the accuracy and integrity of this document/order

CRM-M-1849-2023 so recorded, learned Magistrate has submitted report dated 01.03.2023 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. Respondent No.2-complainant, namely, Manjinder Singh was recorded with regard to compromise before learned Magistrate on 20.02.2023.

Learned State counsel as well as learned counsel for respondent No.2 have not disputed the factum of compromise effected between the parties.

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.176, dated 07.07.2021, registered under Sections 379, 427, 341, 506, 148 and 149 of IPC at Police Station Beas, District Amritsar (Annexure P-1) and all subsequent proceedings arising therefrom qua the petitioners on the basis of compromise dated 03.10.2022 and affidavit dated 06.10.2022 (Annexures P-2 and P-3), are hereby quashed.

March 23, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No Page no.2 out of 2 pages SARITA RANI 2023.03.24 02:20 I attest to the accuracy and integrity of this document/order