Surmmukh Singh v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-29327-2023 Date of Decision: December 14, 2023 Surmukh Singh

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:

Mr. D.S. Jandiala, Advocate, for the petitioner.

Mr. P.S. Pandher, AAG, Punjab.

Mr. Aayush, Advocate for Mr. Inderpal Singh, 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 FIR No.170 dated 19.10.2022 registered under Sections 279, 337 and 427 of IPC, 1860 at Police Station Sadar Faridkot, District Faridkot and all subsequent proceedings arising therefrom on the basis of compromise dated 15.11.2022 (Annexure P-2).

2.

This Court vide order dated 02.06.2023 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.

3.

Pursuant to the aforesaid order, parties have appeared before GEETA RANI 2023.12.15 16:17 I attest to the accuracy and authenticity of this order/judgment

CRM-M-29327-2023 -2learned ACJM, Faridkot and got their statements recorded. On the basis of the statements so recorded, learned ACJM has submitted report dated 17.07.2023 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. 4.

Statement of Respondent No.2-complainant, namely, Karamprem Singh with regard to compromise was recorded before learned ACJM on 14.07.2023.

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 FIR No.170 dated 19.10.2022 registered under Sections 279, 337 and 427 of IPC, 1860 at Police Station Sadar Faridkot, District Faridkot and all subsequent proceedings arising therefrom on the basis of compromise qua petitioner, are hereby quashed.

December 14, 2023 (DEEPAK GUPTA) geeta JUDGE Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No GEETA RANI 2023.12.15 16:17 I attest to the accuracy and authenticity of this order/judgment