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High Court of Punjab and HaryanaCRM-M/22196/2024allowed

Baldev Singh An ORS v. State Of Punjab And ANR

2025-04-08Mr. Justice H.S. Grewal2 pages

CRM-M-22196-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22196-2024 Date of decision : 08.04.2025 BALDEV SINGH AND ORS ... PETITIONERS

VERSUS

STATE OF PUNJAB AND ANR .. RESPONDENTS CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. S.S.Sandhu, Advocate for the petitioners. Mr. Amandeep Singh Samra, AAG, Punjab.

Mr. Rishab Dhiman, Advocate for respondent No.2. *** H.S. Grewal, J.(Oral) The present petition has been filed under Section 482 of Cr.P.C for quashing of cross case rapat No. 32 dated 02.12.2019 under Sections 323, 324, 34 of IPC (Section 326 of IPC added later on) in FIR No. 224 dated 02.12.2019 under Sections 452, 324, 148, 149 of IPC registered at Police Station Kotwali Kapurthala (Annexure P-1) and all the subsequent proceedings arising therefrom, on the basis of compromise dated 12.04.2024 (Annexure P-3). 2.

This Court vide order dated 06.05.2024 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 Ist Class, Kapurthala and got their statements Renu Rawat 2025.04.09 14:09 I attest to the accuracy and integrity of this document

CRM-M-22196-2024 -2recorded. On the basis of the statements so recorded, learned Magistrate has submitted copy of report dated 09.05.2024 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 has 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 cross case rapat No. 32 dated 02.12.2019 under Sections 323, 324, 34 of IPC (Section 326 of IPC added later on) in FIR No. 224 dated 02.12.2019 under Sections 452, 324, 148, 149 of IPC registered at Police Station Kotwali Kapurthala (Annexure P-1) and all the subsequent proceedings arising therefrom, on the basis of compromise dated 12.04.2024 (Annexure P-3) are quashed qua the petitioners. (H.S.GREWAL) JUDGE 08.04.2025 renu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Renu Rawat 2025.04.09 14:09 I attest to the accuracy and integrity of this document