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2023 Supreme(P&H) 418
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Deepak Gupta, J.
Gurmukh Singh – Appellant
Versus
State Of Punjab & Anr. – Respondents
CRM-M-8386-2023
Decided On : 29-05-2023
Important Points
Subject
Criminal Law - Quashing of F.I.R.
Act Referred
INDIAN PENAL CODE : S.511, S.427, S.447, S.506
Headnote
Compromise - Quashing of F.I.R. - The court allowed the petition for quashing the F.I.R. and subsequent proceedings based on a compromise between the parties, following the principles laid down in previous judgments.
Fact of the Case:
The petition sought the quashing of F.I.R. and subsequent proceedings based on a compromise between the parties, which was found to be genuine by the learned Magistrate.
Finding of the Court:
The court found that the compromise between the parties was voluntary and genuine, and following the principles laid down in previous judgments, allowed the petition for quashing the F.I.R. and subsequent proceedings.
Issues: Quashing of F.I.R. and subsequent proceedings based on compromise
Ratio Decidendi: The court relied on the principles laid down in previous judgments to allow the quashing of the F.I.R. and subsequent proceedings based on a genuine compromise between the parties.
Final Decision: The petition for quashing the F.I.R. and subsequent proceedings based on a compromise was allowed by the court.
Mr. Nitin Narula, Advocate, for the Appellant; Mr. Randeep Singh Khaira, DAG, Punjab; Mr. Sandeep Sharma, Advocate, for the Respondent No. 2.
JUDGMENT
Deepak Gupta, J. - Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.107 dated 03.09.2014 registered under Sections 427, 447, 511, 506 of the IPC registered at Police Station Bhindi Saida, District Amritsar Rural, and all subsequent proceedings arising therefrom on the basis of compromise dated 04.02.2023 (Annexure P-2).
2. This Court vide order dated 16.02.2023 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.
3. Pursuant to the aforesaid order, parties have appeared before Learned Judicial Magistrate 1st Class and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 22.05.2023 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 learned 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 F.I.R.
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 F.I.R. No. 107 dated 03.09.2014 registered under Sections 427, 447, 511, 506 of the IPC registered at Police Station Bhindi Saida, District Amritsar Rural and all subsequent proceedings arising therefrom on the basis of compromise dated 04.02.2023 (Annexure P-2), are quashed qua the petitioner.
