Manpreet Singh @ Manna And ORS. v. State Of Punjab And Others

292 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-38684-2023 Date of Decision: December 11, 2023 Manpreet Singh @ Manna and others

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM:

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

Mr. Arman Gagneja, Advocate for respondent Nos.2 and 3. DEEPAK GUPTA , J.(Oral) Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.244 dated 20.08.2020, registered under Sections 323, 324, 295, 506, 364, 148, 149 and 120-B of IPC (Section 295 deleted and Section 295-A IPC added later on) at Police Station Division No.8, District Police Commissionerate Jalandhar and all subsequent proceedings arising therefrom on the basis of compromise dated 20.12.2022 (Annexure P-2).

This Court vide order dated 17.08.2023 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 Sessions Judge, Jalandhar and got their statements recorded. On the basis of the statements so recorded, learned ASJ has submitted report dated 13.09.2023 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.

SARITA RANI 2023.12.11 16:45 I attest to the accuracy and integrity of this document/order

CRM-M-38684-2023 - 2 - Statement of Respondent Nos.2 and 3-complainants, namely, Simranjit Sing hand Inderjit Singh respectively with regard to compromise was recorded before learned Addl. Sessions Judge, on 12.09.2023.

Learned State counsel as well as learned counsel for respondent Nos.2 and 3 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.244 dated 20.08.2020, registered under Sections 323, 324, 295, 506, 364, 148, 149 and 120-B of IPC (Section 295 deleted and Section 295-A IPC added later on) at Police Station Division No.8, District Police Commissionerate Jalandhar and all subsequent proceedings arising therefrom on the basis of compromise dated 20.12.2022 (Annexure P-2) qua petitioner(s), are hereby quashed. December 11, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable:

Yes/No SARITA RANI 2023.12.11 16:45 I attest to the accuracy and integrity of this document/order