Punjab-Haryana High Court
Narinder Kumar vs State Of Punjab And Another on 25 October, 2024
Neutral Citation No:=2024:PHHC:140502
CRM-M-54866-2023(O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
258 CRM-M-54866-2023(O&M)
Date of Decision: 25.10.2024
NARINDER KUMAR ....Petitioner
VERSUS
STATE OF PUNJAB AND ANOTHER ....Respondent
CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. Kiran Kumar Madan, Advocate for the petitioner.
Mr. Satjot Singh, AAG, Punjab.
Ms. Ravinder Kaur, Advocate for
Mr. Yamin, Advocate for respondent no.2.
MANISHA BATRA, J. (Oral)
The present petition has been filed under Section 482 of Code of Criminal Procedure for quashing of FIR No.18 dated 18.10.2019 under Sections 406, 420, 506, 380 and 120-B of IPC registered at Police Station NRI, District Jalandhar and all the subsequent proceedings arising therefrom, on the basis of compromise dated 03.07.2020 (Annexure P-2).
2. This Court vide order dated 21.02.2024 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 Chief Judicial Magistrate, (NRI Court), Jalandhar and got their statements recorded. On the basis of the statements so recorded, learned 1 of 2 ::: Downloaded on - 31-10-2024 15:58:26 ::: Neutral Citation No:=2024:PHHC:140502 CRM-M-54866-2023(O&M) 2 Magistrate has submitted report dated 22.08.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. It is also stated that statement of respondent no.2 has been recorded through her Special Power of Attorney holder.
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.18 dated 18.10.2019 under Sections 406, 420, 506, 380 and 120-B of IPC registered at Police Station NRI, District Jalandhar and all subsequent proceedings arising therefrom on the basis of compromise dated 03.07.2020 (Annexure P-2) are quashed qua the petitioner.
( MANISHA BATRA ) 25.10.2024 JUDGE Deepak Patwal
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No 2 of 2 ::: Downloaded on - 31-10-2024 15:58:26 :::