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High Court of Punjab and HaryanaCRM-M/28856/2023allowed

Satnam Singh And Others v. State Of Punjab And Others

2023-12-05Mr. Justice Deepak Gupta2 pages





 

         







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/  ) 1.2 Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.94 dated 16.05.2022, registered under Sections 379/447/440/427/506/511/148/149/120-B of IPC at Police Station Sadar Fazilka, District Fazilka and all subsequent proceedings arising therefrom on the basis of compromise dated 15.04.2023 (Annexure P-2). This Court vide order dated 12.10.2023 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 Additional Chief Judicial Magistrate, Fazilka and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 22.11.2023 to the effect that the compromise has been effected between the parties is genuine, voluntarily and without any coercion or undue influence.

MANISHA 2023.12.06 11:15 I attest to the accuracy and authenticiy of this order/judgment













Learned State counsel as well as learned counsel for respondent Nos.2 to 4 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.94 dated 16.05.2022, registered under Sections 379/447/440/427/506/511/148/149/120-B of IPC at Police Station Sadar Fazilka, District Fazilka and all subsequent proceedings arising therefrom on the basis of compromise qua petitioner(s), are hereby quashed. 

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MANISHA 2023.12.06 11:15 I attest to the accuracy and authenticiy of this order/judgment