AMRIK SINGH v. STATE OF PUNJAB AND OTHERS

IN THE HIGH COURT OF PUNJAB AND HARYANA

State of Punjab and Others .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:- Mr. G.S. Sandhu, Advocate for the petitioner.

Mr. Parneet Singh Pandher, AAG, Punjab. Ms. Ramandeep Kaur, Advocate for respondent Nos.2 & 3.

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DEEPAK GUPTA, J.

Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.307 dated 30.11.2018 registered under Sections 279, 337, 427 of the IPC (Section 338 of the IPC added later on) registered at Police Station Sohana, District SAS Nagar (Mohali) and all subsequent proceedings arising therefrom on the basis of compromise dated 20.12.2022 (Annexure P-2).

This Court vide order dated 07.02.2023 had directed the parties to appear before the trial Court 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 Judicial Magistrate 1^stClass and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted

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report dated 09.06.2023 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. Learned State counsel as well as learned counsel for respondent Nos.2 & 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.307 dated 30.11.2018 registered under Sections 279, 337, 427 of the IPC (Section 338 of the IPC added later on) registered at Police Station Sohana, District SAS Nagar (Mohali) and all subsequent proceedings arising therefrom on the basis of compromise dated 20.12.2022 (Annexure P-2), are quashed qua the petitioner.

( DEEPAK GUPTA )

August 24, 2023 JUDGE

Neetika Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No

Neutral Citation No:=2023:PHHC:110997

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