Satgur Singh v. State Of Punjab And Another

2024:PHHC:026409 [277]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-53207-2023 Date of Decision : 26.02.2024 Satgur Singh

...Petitioner

versus State of Punjab and another ....Respondents Coram :

HON'BLE MR. JUSTICE DEEPAK GUPTA Present :

Mr. Sandeep K. Bansal, Advocate for Mr. Jimmy Singla, Advocate for the petitioner.

Mr. Amandeep Singh Sandhu, DAG, Punjab.

Ms. Sunita Nambiar, 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 F.I.R. No.158, dated 22.09.2019, registered under Sections 379 of IPC, 1860, (Sections 201, 411, 467, 468, 471, 473 IPC added later on) at Police Station Punjab Agriculture University (PAU), District Police Commissionerate, Ludhiana, and all subsequent proceedings arising therefrom on the basis of compromise dated 15.09.2023 (Annexure P-2). [2] This Court vide orders dated 07.11.2023 & 11.12.2023 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 the report qua the genuineness of the compromise. [3] Pursuant to the aforesaid order, parties have appeared before learned Civil Judge, Junior Division-cum-Judicial Magistrate Ist Class, RAJNEESH SHARMA 2024.02.26 06:24 I attest to the accuracy and integrity of this document Ludhiana, and got their statements recorded. On the basis of the statements

2024:PHHC:026409 CRM-M-53207-2023 -2so recorded, learned Magistrate has submitted report dated 25.01.2024 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, Kulwant Singh, with regard to compromise was recorded before learned Magistrate on 16.01.2024.

[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 F.I.R. No.158, dated 22.09.2019, registered under Sections 379 of IPC, 1860, (Sections 201, 411, 467, 468, 471, 473 IPC added later on) at Police Station Punjab Agriculture University (PAU), District Police Commissionerate, Ludhiana, and all subsequent proceedings arising therefrom on the basis of compromise qua petitioner, are hereby quashed. (DEEPAK GUPTA) JUDGE 26.02.2024 'Rajneesh'

Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No RAJNEESH SHARMA 2024.02.26 06:24 I attest to the accuracy and integrity of this document