Resham Singh Alias Sumandeep Singh And ANR. v. State Of Punjab And Another

CRM-M-47717-2022 2023:PHHC:067776

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Sr. No.247(2) CRM-M-47717-2022 Date of Decision: 10.05.2023 RESHAM SINGH @ SUMANDEEP SINGH AND ANR.

.... Petitioner

Versus

STATE OF PUNJAB AND ANOTHER ... Respondents CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:

Mr. Pankaj Bains, Advocate for the petitioner.

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

Mr. Ritesh Aggarwal, Advocate for respondent No.2.

**** DEEPAK GUPTA, J. (ORAL) Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.28 dated 12.06.2013 registered under Sections 323/324/341/148/149 IPC at Police Station Nandgarh, Bathinda (Annexure P-1), and all subsequent proceedings arising therefrom on the basis of compromise (Annexure P-3). This Court vide order dated 08.02.2023 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 its report qua the genuineness of the compromise.

Pursuant to the aforesaid order, parties have appeared before learned District and Sessions Judge, Bathinda and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 06.03.2023 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. MAMTA 2023.05.15 10:35 I attest to the accuracy and integrity of this order/judgment

CRM-M-47717-2022 2023:PHHC:067776 Respondent No.2-complainant, namely, Kewal Singh has made his statement with regard to compromise before learned Magistrate on 28.02.2023. Learned State counsel as well as learned 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 FIR No.28 dated 12.06.2013 registered under Sections 323/324/341/148/149 IPC at Police Station Nandgarh, Bathinda (Annexure P-1), and all subsequent proceedings arising therefrom on the basis of compromise (Annexure P-3), are quashed. (DEEPAK GUPTA) JUDGE 10.05.2023 M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MAMTA 2023.05.15 10:35 I attest to the accuracy and integrity of this order/judgment