Punjab-Haryana High Court
Jarnail Singh vs State Of Punjab And Others on 14 March, 2024
Neutral Citation No:=2024:PHHC:037224
2024:PHHC:037224
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
268 CRM-M-29626-2022
Date of Decision:14.03.2024
JARNAIL SINGH .....Petitioner
Vs.
STATE OF PUNJAB AND OTHERS .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Arvind Kumar Sharma, Advocate
for the petitioner.
Mr. Madhur Sharma, DAG, Punjab.
Mr. V.K. Pujara, Advocate for
Mr. Karan Padam, Advocate for respondent Nos.2 and 3.
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.0263 dated 19.12.2017 registered under Sections 406, and 420 of IPC at Police Station Gobindgarh Mandi, District Fatehgarh Sahib (Punjab) and all subsequent proceedings arising therefrom on the basis of compromise dated 30.06.2022 (Annexure P-2).
This Court vide order dated 13.07.2022 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.
Pursuant to the aforesaid order, parties have appeared before Judicial Magistrate Ist Class, Amloh and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted 1 of 2 ::: Downloaded on - 15-03-2024 09:19:14 ::: Neutral Citation No:=2024:PHHC:037224 CRM-M-29626-2022 -2- 2024:PHHC:037224 report dated 06.09.2022 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 Nos.2 and 3 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.0263 dated 19.12.2017 registered under Sections 406, and 420 of IPC at Police Station Gobindgarh Mandi, District Fatehgarh Sahib (Punjab) and all subsequent proceedings arising therefrom on the basis of compromise deed dated 13.07.2022 (Annexure P-2) are quashed qua the petitioner.
( DEEPAK GUPTA )
JUDGE
14.03.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2024:PHHC:037224
2 of 2
::: Downloaded on - 15-03-2024 09:19:14 :::