Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 73186 (PNJ)

GURDIAL SINGH v. STATE OF PUNJAB AND ANOTHER

CRM-M/38388/2024 · 2025-04-05

Manisha Batra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 248 CRM-M-38388-2024 Date of decision: 05.04.2025 GURDIAL SINGH ....Petitioner Versus STATE OF PUNJAB AND ANR ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present : Mr. H.S. Sidhu, Advocate for the petitioner. Mr. Himani Arora, AAG, Punjab. Mr. Geeteshwar Saini, Advocate for Mr. R.K. Arya, Advocate for the 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.10 dated 25.01.2023 registered under Sections 323, 324, 341 and 34 of IPC and offence under Section 326 of the IPC added later on at Police Station Bhaini Mian Khann, District Gurdaspur and all the subsequent proceedings arising therefrom, on the basis of compromise dated 13.06.2024 (Annexure P-3). 2 . This Court vide order dated 05.02.2025 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 Judicial Magistrate Ist Class, Gurdaspur and got their statements recorded. On the basis of the statements so recorded, learned Judge has submitted report AMANDEEP GOSAIN 2025.04.08 04:14 I attest to the accuracy and integrity of this order/judgment dated 04.03.2025 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.10 dated 25.01.2023 registered under Sections 323, 324, 341 and 34 of IPC and offence under Section 326 of the IPC added later on at Police Station Bhaini Mian Khann, District Gurdaspur and all subsequent proceedings arising therefrom on the basis of compromise dated 13.06.2024 (Annexure P-3) are quashed qua the petitioner. (MANISHA BATRA) 05.04.2025 JUDGE amandeep Whether speaking/reasoned. (MANISHA BATRA) 05.04.2025 JUDGE amandeep Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No AMANDEEP GOSAIN 2025.04.08 04:14 I attest to the accuracy and integrity of this order/judgment