Gajjan Singh @ Sukhwant Singh v. State Of Punjab And Another

2024:PHHC:039506

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM M Date of Decision:19.03.2024 GAJJAN SINGH @ SUKHWANT SINGH .....Petitioner Vs.

STATE OF PUNJAB AND ANOTHER .....Respondents

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:

Mr. Simranjot S. Nagra, Advocate for the petitioner. Mr. Amandeep Singh, DAG, Punjab.

Mr. Amrit Singh Kang, Advocate for respondent No.2 **** DEEPAK GUPTA, J.

Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.164 dated 20.10.2022 registered under Sections 341, 323 and 34 of IPC and Section 308 IPC added later on vide DDR No. 38 dated 29.10.2022 at Police Station Sardulgarh, District Mansa and all subsequent proceedings arising therefrom on the basis of compromise dated 20.01.2024 (Annexure P 3).

This Court vide order dated 29.01.2024 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.

Pursuant to the aforesaid order, parties have appeared before District & Sessions Judge, Mansa and got their statements recorded. On the basis of the statements so recorded, Learned Sessions Judge has submitted PRIYANKA 2024.03.20 17:21 I attest to the accuracy and integrity of this document

CRM M

2024:PHHC:039506 report dated 22.02.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise 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.164 dated 20.10.2022 registered under Sections 341, 323 and 34 of IPC and Section 308 IPC added later on vide DDR No. 38 dated 29.10.2022 at Police Station Sardulgarh, District Mansa and all subsequent proceedings arising therefrom on the basis of compromise dated 20.01.2024 (Annexure P

3) are quashed qua the petitioner.

( DEEPAK GUPTA ) JUDGE 19.03.2024 pry Whether Speaking/reasoned Yes/No Whether Reportable Yes/No PRIYANKA 2024.03.20 17:21 I attest to the accuracy and integrity of this document