Punjab-Haryana High Court
Makhan Lal Bansal And Another vs State Of Punjab And Another on 21 October, 2024
Neutral Citation No:=2024:PHHC:137326
CRM-M-44195-2024 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
279 CRM-M-44195-2024
Date of decision: 21st October, 2024
Makhan Lal Bansal and another
...Petitioners
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present: Mr. Raja Paramdeep Saini, Advocate for the petitioners.
(appeared through video conferencing)
Mr. A.S. Samra, AAG, Punjab.
Ms. Shivani Saini, Advocate for respondent No.2.
(appeared through video conferencing)
***
MANISHA BATRA, J (ORAL):-
Prayer in this petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') is for quashing of FIR No.117 dated 17.06.2019 under Sections 420, 120-B of IPC registered at Police Station City Sangrur, District Sangrur and all subsequent proceedings arising therefrom on the basis of compromise dated 22.08.2024 (Annexure P-2).
2. This Court vide order dated 09.09.2024 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 1 of 2 ::: Downloaded on - 26-10-2024 16:43:53 ::: Neutral Citation No:=2024:PHHC:137326 CRM-M-44195-2024 -2- compromise.
3. Pursuant to the aforesaid order, parties have appeared before Chief Judicial Magistrate, Sangrur and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 11.10.2024 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 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 FIR No.117 dated 17.06.2019 under Sections 420, 120-B of IPC registered at Police Station City Sangrur, District Sangrur and all subsequent proceedings arising therefrom on the basis of compromise dated 22.08.2024 (Annexure P-2) are quashed qua the petitioners.
[MANISHA BATRA] JUDGE 21st October, 2024 Parveen Sharma
1. Whether speaking/ reasoned : Yes / No
2. Whether reportable : Yes / No 2 of 2 ::: Downloaded on - 26-10-2024 16:43:53 :::