Punjab-Haryana High Court
Gurmit Singh @ Nikka vs State Of Punjab And Another on 13 March, 2024
Neutral Citation No:=2024:PHHC:036444
2024:PHHC:036444
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
279 CRM-M-53043-2023
Date of Decision:13.03.2024
GURMIT SINGH @ NIKKA .....Petitioner
Vs.
STATE OF PUNJAB AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Shubham Mehta, Advocate
for the petitioner.
Mr. Madhur Sharma, DAG, Punjab.
Mr. Hardeep Singh, Advocate for respondent No.2.
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.97 dated 28.08.2023 registered under Sections 406, 420, 120-B of IPC and Section 13 of Punjab Travel Professionals (Regulations) Act, 2014 at Police Station Nakodar Sadar, District Jalandhar Rural and all subsequent proceedings arising therefrom on the basis of compromise deed dated 09.10.2023 (Annexure P-2).
This Court vide order dated 14.12.2023 had again directed the parties to appear before the trial Court, in compliance of order dated 18.10.2023, 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 Sub Divisional Judicial Magistrate, Nakodar and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has 1 of 2 ::: Downloaded on - 15-03-2024 05:19:04 ::: Neutral Citation No:=2024:PHHC:036444 CRM-M-53043-2023 -2- 2024:PHHC:036444 submitted report dated 03.02.2024 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 respondent No.2 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 F.I.R.
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.97 dated 28.08.2023 registered under Sections 406, 420, 120-B of IPC and Section 13 of Punjab Travel Professionals (Regulations) Act, 2014 at Police Station Nakodar Sadar, District Jalandhar Rural and all subsequent proceedings arising therefrom on the basis of compromise deed dated 09.10.2023 (Annexure P-
2) are quashed qua the petitioner.
( DEEPAK GUPTA )
JUDGE
13.03.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2024:PHHC:036444
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