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2023 DIGILAW 2115 (PNJ)

Ranjit Singh v. State of Punjab

2023-07-11

DEEPAK GUPTA

body2023
DEEPAK GUPTA, J. 1. Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.217 dated 28.10.2005 registered under Sections 307, 323, 148, 149 of the IPC (Section 325 of the IPC added later on) and Section 25/54/59A of Arms Act registered at Police Station Phillaur, District Jallandhar and all subsequent proceedings arising therefrom on the basis of compromise dated 15.05.2012 (Annexure P-2). 2. This Court vide order dated 05.12.2022 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 Sub Divisional Judicial Magistrate and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 01.02.2023 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. 4. Due to heavy downpour in tricity and the resolution of the Bar to the effect that there will be no work, no one has appeared today on behalf of parties. 5. Since statement of parties with regard to compromise have already been recorded as per report received from Court concerned, 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.217 dated 28.10.2005 registered under Sections 307, 323, 148, 149 of the IPC (Section 325 of the IPC added later on) and Section 25/54/59A of Arms Act registered at Police Station Phillaur, District Jallandhar and all subsequent proceedings arising therefrom on the basis of compromise dated 15.05.2012 (Annexure P-2), are quashed qua the petitioner. Order accordingly.