Darshan Lal @ Darshan Dass and Others Vs State of Punjab and Others — Punjab & Haryana HC (2025) — LawSathi Research

Darshan Lal @ Darshan Dass and Others Vs State of Punjab and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of General Dairy No.047 dated 05.06.2023 under Sections 323, 324, 148, 149 of IPC (offence under Section 326 IPC added later on), registered at Police Station City Gurdaspur, District Gurdaspur, in the case arising out of FIR No.0111 dated 28.05.2023 under Sections 325, 323, 148, 149 of IPC, together with all subsequent proceedings arising therefrom, qua the petitioners, on the basis of the compromise dated 12.03.2024 (Annexure P-2).

Issue for consideration

Whether the General Dairy No.047 dated 05.06.2023 (arising out of FIR No.0111 dated 28.05.2023) and all subsequent proceedings arising therefrom should be quashed on the basis of the compromise dated 12.03.2024 between the parties. +1 more

Court's answer

In view of the compromise, no useful purpose would be served by continuing with the proceedings before the trial Court in the instant FIR.

Ratio / Principle

The factum of compromise between the parties was not disputed by learned State counsel or by counsel for respondents No.2 to 7.

Key takeaways

Following the principles laid down by the Full Bench of this Court in Kulwinder Singh (2007 (3) RCR (Criminal) 1052), as approved by the Hon'ble Supreme Court in Gian Singh ((2012) 10 SCC 303), the petition is allowed.ratio¶19
General Dairy No.047 dated 05.06.2023 (with offence under Section 326 IPC added later) arising out of FIR No.0111 dated 28.05.2023, and all subsequent proceedings arising therefrom, are quashed qua the petitioners on the basis of the compromise dated 12.03.2024.ratio¶19

Detailed headnote1 paragraphs

Quashing of FIR on compromise — Petition under Section 482 Cr.P.C. by accused persons (Darshan Lal @ Darshan Dass and others) — Compromise dated 12.03.2024 (Annexure P-2) between parties; pursuant to order dated 08.04.2024 parties appeared before learned Chief Judicial Magistrate, Gurdaspur whose report dated 02.07.2024 recorded that the compromise was effected voluntarily, without coercion or undue influence; factum of compromise not disputed by State counsel or counsel for respondents No.2 to 7 — Held, following the Full Bench principles in Kulwinder Singh v. State of Punjab, 2007 (3) RCR (Criminal) 1052, approved by the Hon'ble Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, no useful purpose would be served by continuing the trial; General Dairy No.047 dated 05.06.2023 under Sections 323, 324, 148, 149 IPC (offence under Section 326 IPC added later) arising out of FIR No.0111 dated 28.05.2023 under Sections 325, 323, 148, 149 IPC, PS City Gurdaspur, District Gurdaspur, and all subsequent proceedings quashed qua petitioners.

CRM-M-17085-2024(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

303 CRM-M-17085-2024(O&M) Date of Decision: 17.03.2025

DARSHAN LAL @ DARSHAN DASS AND ORS. ....Petitioners VERSUS STATE OF PUNJAB AND ORS ....Respondents

....Respondents

CORAM : HON’BLE MRS. JUSTICE MANISHA BATRA

Present : Mr. Vinod K. Kanwal, Advocate for the petitioners.

Ms. Himani Arora, AAG, Punjab.

Mr. Rishu Garg, Advocate for respondents no.2 to 7.

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 482 of Cr.P.C. for quashing of General Dairy No.047 dated 05.06.2023 under Sections 323, 324, 148, 149 of IPC (offence 326 of IPC added later on) registered at Police Station City Gurdaspur, District Gurdaspur in case arising out of FIR No.0111 dated 28.05.2023 under Sections 325, 323, 148, 149 of IPC, registered at Police Station City Gurdaspur, District Gurdaspur and all the subsequent proceedings arising therefrom, on the basis of compromise dated 12.03.2024 (Annexure P-2).

2 . This Court vide order dated 08.04.2024 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.

Pursuant to the aforesaid order, parties have appeared before the the learned Chief Judicial Magistrate, Gurdaspur and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has Deepak Patwal 2025.03.18 18:14 I attest to the accuracy and integrity of this document

CRM-M-17085-2024(O&M)

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submitted copy of report dated 02.07.2024 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 counsel for respondents No.2 to 7 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 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 quashing of General Dairy No.047 dated 05.06.2023 under Sections 323, 324, 148, 149 of IPC (offence 326 of IPC added later on) registered at Police Station City Gurdaspur, District Gurdaspur in case arising out of FIR No.0111 dated 28.05.2023 under Sections 325, 323, 148, 149 of IPC, registered at Police Station City Gurdaspur, District Gurdaspur and all the subsequent proceedings arising therefrom, on the basis of compromise dated 12.03.2024 (Annexure P-2) are quashed qua the petitioners.

( MANISHA BATRA )

17.03.2025

JUDGE

Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

Deepak Patwal 2025.03.18 18:14 I attest to the accuracy and integrity of this document