Punjab-Haryana High Court
Amarjit Singh And Another vs State Of Punjab And Another on 18 November, 2024
Neutral Citation No:=2024:PHHC:151684
CRM-M-48425-2024(O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
283 CRM-M-48425-2024(O&M)
Date of Decision: 18.11.2024
AMARJIT SINGH AND ANOTHER ....Petitioners
VERSUS
STATE OF PUNJAB AND ANOTHER ....Respondents
CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. Meher Sachdev, Advocate for the petitioners.
(through video conferencing mode)
Mr. Rubal Pawar, AAG, Punjab.
Mr. Om Malhan, Advocate for respondent no.2.
MANISHA BATRA, J. (Oral)
The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.48 dated 12.03.2003 under Sections 420, 120-B of IPC registered at Police Station Mukerian, District Hoshiarpur and all the subsequent proceedings arising therefrom, on the basis of compromise dated 07.08.2024 (Annexure P-2).
2. This Court vide order dated 27.09.2024 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.
3. Pursuant to the aforesaid order, parties have appeared before the learned Sub-Divisional Judicial Magistrate, Mukerian and got their statements recorded. On the basis of the statements so recorded, learned 1 of 2 ::: Downloaded on - 21-11-2024 22:55:54 ::: Neutral Citation No:=2024:PHHC:151684 CRM-M-48425-2024(O&M) 2 Magistrate has submitted report dated 07.10.2024 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.48 dated 12.03.2003 under Sections 420, 120-B of IPC registered at Police Station Mukerian, District Hoshiarpur and all subsequent proceedings arising therefrom on the basis of compromise dated 07.08.2024 (Annexure P-2) are quashed qua the petitioners.
( MANISHA BATRA ) 18.11.2024 JUDGE Deepak Patwal
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No 2 of 2 ::: Downloaded on - 21-11-2024 22:55:55 :::