Varinder Kumar And Others v. State Of Punjab And Another

2024:PHHC:026999 [282]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-57688-2023 Date of Decision : 27.02.2024 Varinder Kumar and others

...Petitioners

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

HON'BLE MR. JUSTICE DEEPAK GUPTA Present :

Mr. Ashish Nagar,Advocate for the petitioners. Mr. Amandeep Singh Sandhu, DAG, Punjab.

Mr. Shubham Mirok, 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.0045, dated 03.06.2023, registered under Sections 341, 506, 427, 149 IPC, 1860, at Police Station Rahon, District SBS Nagar, and all subsequent proceedings arising therefrom on the basis of compromise dated 16.08.2023 (Annexure P-2).

[2] This Court vide orders dated 16.11.2023 & 11.01.2024 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 Chief Judicial Magistrate, Shaheed Bhagat Singh Nagar, and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 26.02.2024 to the effect that the compromise has been effected between the parties voluntarily and RAJNEESH SHARMA 2024.02.27 05:22 I attest to the accuracy and integrity of this document without any coercion or undue influence.

2024:PHHC:026999 CRM-M-57688-2023 -2- [4] Statement of Respondent No.2-complainant namely, Ajay Kumar, with regard to compromise was recorded before learned Magistrate on 07.02.2024..

[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.0045, dated 03.06.2023, registered under Sections 341, 506, 427, 149 IPC, 1860, at Police Station Rahon, District SBS Nagar, and all subsequent proceedings arising therefrom on the basis of compromise qua petitioners, are hereby quashed.

(DEEPAK GUPTA) JUDGE 27.02.2024 'Rajneesh'

Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No RAJNEESH SHARMA 2024.02.27 05:22 I attest to the accuracy and integrity of this document