Punjab-Haryana High Court
Makhan Singh And Others vs State Of Punjab And Another on 23 September, 2024
Neutral Citation No:=2024:PHHC:125816
CRM-M-37739-2024(O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
278 CRM-M-37739-2024(O&M)
Date of Decision: 23.09.2024
MAKHAN SINGH AND OTHERS ....Petitioners
VERSUS
STATE OF PUNJAB AND ANOTHER ....Respondent
CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. Onkar Singh Wahla, Advocate for
Mr. Karambir Singh Kahlon, Advocate for the petitioners.
Mr. Amandeep Singh Samra, AAG, Punjab.
Mr. Vipin Mahajan, Advocate for respondent no.2.
MANISHA BATRA, J. (Oral)
The present petition has been filed under Section 482 of Code of Criminal Procedure for quashing of FIR No.54 dated 04.05.2024 under Sections 326, 323, 324, 148, 149 of IPC registered at Police Station Sadar Gurdaspur District Gurdaspur and all the subsequent proceedings arising therefrom, on the basis of compromise dated 13.07.2024 (Annexure P-2).
2. This Court vide order dated 05.08.2024 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.
3. Pursuant to the aforesaid order, parties have appeared before the learned Additional Chief Judicial Magistrate, Gurdaspur and got their statements recorded. On the basis of the statements so recorded, learned 1 of 4 ::: Downloaded on - 26-09-2024 01:46:23 ::: Neutral Citation No:=2024:PHHC:125816 CRM-M-37739-2024(O&M) 2 Magistrate has submitted report dated 21.08.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.
4. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties.
5. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR.
6. 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.54 dated 04.05.2024 under Sections 326, 323, 324, 148, 149 of IPC registered at Police Station Sadar Gurdaspur District Gurdaspur and all subsequent proceedings arising therefrom on the basis of compromise dated 13.07.2024 (Annexure P-2) are quashed qua the petitioners.
( MANISHA BATRA ) 23.09.2024 JUDGE Deepak Patwal
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No 2 of 4 ::: Downloaded on - 26-09-2024 01:46:24 ::: Neutral Citation No:=2024:PHHC:125816 CRM-M-37739-2024(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 278 CRM-M-37739-2024(O&M) Date of Decision: 23.09.2024 MAKHAN SINGH AND OTHERS ....Petitioners VERSUS STATE OF PUNJAB AND ANOTHER ....Respondent CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA Present : Mr. Onkar Singh Wahla, Advocate for Mr. Karambir Singh Kahlon, Advocate for the petitioners. Mr. Amandeep Singh Samra, AAG, Punjab.
Mr. Vipin Mahajan, Advocate for respondent no.2. MANISHA BATRA, J. (Oral) The present petition has been filed under Section 482 of Code of Criminal Procedure for quashing of FIR No.54 dated 04.05.2024 under Sections 326, 323, 324, 148, 149 of IPC registered at Police Station Sadar Gurdaspur District Gurdaspur and all the subsequent proceedings arising therefrom, on the basis of compromise dated 13.07.2024 (Annexure P-2).
2. This Court vide order dated 05.08.2024 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.
3. Pursuant to the aforesaid order, parties have appeared before the learned Additional Chief Judicial Magistrate, Gurdaspur and got their statements recorded. On the basis of the statements so recorded, learned 3 of 4 ::: Downloaded on - 26-09-2024 01:46:24 ::: Neutral Citation No:=2024:PHHC:125816 CRM-M-37739-2024(O&M) 2 Magistrate has submitted report dated 21.08.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.
4. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties.
5. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR.
6. 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.54 dated 04.05.2024 under Sections 326, 323, 324, 148, 149 of IPC registered at Police Station Sadar Gurdaspur District Gurdaspur and all subsequent proceedings arising therefrom on the basis of compromise dated 13.07.2024 (Annexure P-2) are quashed qua the petitioners.
( MANISHA BATRA ) 23.09.2024 JUDGE Deepak Patwal
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No 4 of 4 ::: Downloaded on - 26-09-2024 01:46:24 :::