Punjab-Haryana High Court
Prabhjot Singh vs State Of Punjab And Others on 1 July, 2024
Neutral Citation No:=2024:PHHC:081106
CRM-M-20498-2023(O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
249 CRM-M-20498-2023(O&M)
Date of Decision: 01.07.2024
PRABHJOT SINGH ....Petitioner
VERSUS
STATE OF PUNJAB AND OTHERS ....Respondents
CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. Rahi Mehra, Advocate for the petitioner.
Mr. Satjot Singh, AAG, Punjab.
Mr. Mohit Sharma, Advocate for respondents no.2 & 3.
MANISHA BATRA, J. (Oral)
The present petition has been filed under Section 482 of Code of Criminal Procedure for quashing of FIR No.58 dated 23.02.2021 under Sections 420 and 120-B of IPC registered at Police Station B-Division, Amritsar and all the subsequent proceedings arising therefrom, on the basis of compromise dated 13.04.2023 (Annexure P-2).
2. This Court vide order dated 01.05.2023 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 the learned Judicial Magistrate 1st Class, Amritsar and got their statements 1 of 2 ::: Downloaded on - 20-07-2024 21:07:43 ::: Neutral Citation No:=2024:PHHC:081106 CRM-M-20498-2023(O&M) 2 recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 12.06.2023 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. It is also mentioned in the report that apart from the petitioner, one more person had been arrayed as accused in the present FIR, however, compromise has been effected between the complainant, victim and present petitioner only and that the petitioner has not been declared proclaimed person in this case.
4. Learned State counsel as well as counsel for respondents No.2 & 3 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.58 dated 23.02.2021 under Sections 420 and 120-B of IPC registered at Police Station B-Division, Amritsar and all subsequent proceedings arising therefrom on the basis of compromise dated 13.04.2023 (Annexure P-2) are quashed qua the petitioner.
( MANISHA BATRA ) 01.07.2024 JUDGE Deepak Patwal
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No 2 of 2 ::: Downloaded on - 20-07-2024 21:07:43 :::