Gagandeep Singh And Others vs State Of Punjab And Another
2021 Latest Caselaw 435 P&H

CRM-M-33325-2020                                                          -1-

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

201a                                          CRM-M-33325-2020
                                              Date of Decision:03.02.2021


Gagandeep Singh and others                                   .....Petitioners

Versus

State of Punjab and another                               .....Respondents


CORAM: HON'BLE MR.JUSTICE HARI PAL VERMA.


Present:    None.


         ****

HARI PAL VERMA, J.(Oral)

The matter has been taken up for hearing through video

conferencing due to outbreak of COVID-19.

Prayer in this petition filed under Section 482 Cr.P.C. is for

quashing of FIR No.0110 dated 07.04.2020 under Sections 420, 120-B IPC

(the offence under Section 406 IPC was added later on) and Section 13 of

Punjab Prevention of Human Smuggling Act, 2012, registered at Police

Station Tripri Patiala, District Patiala (Annexure P-1) and all the

consequential proceedings arising therefrom on the basis of the compromise

dated 29.09.2020 (Annexure P-2).

This Court vide order dated 16.10.2020 had directed the parties

to appear before the Illaqa Magistrate/trial Court to get their statements

recorded and the learned trial court was directed to send its report qua the

genuineness of the compromise.

Pursuant to the aforesaid order, parties have appeared before

learned Judicial Magistrate 1st Class, Patiala and got their statements 1 of 3

recorded. On the basis of the statements so recorded, learned Magistrate has

submitted report dated 24.12.2020 to the effect that the compromise effected

between the parties is genuine, voluntarily, without any pressure, coercion

or threat.

Though no one is present on behalf of respondent No.2-

complainant Balwinder Singh in Court today, but no prejudice would be

caused to him as he has already made a statement with regard to

compromise before learned Magistrate on 10.12.2020. The same is

reproduced as under:-

"Stated that I am the complainant of present case FIR no.110 dated 7.4.2020, U/ss 420/120-B/406 IPC (offence U/s 406 IPC added later on) and U/s 13 of the Punjab Prevention of Human Smuggling Act, 2012 registered at P.S Tripuri, Patiala against accused Gagandeep Singh, Kamaljit Kaur, Pushpinder Singh @ Rubal and Parminder Kaur. Now due to intervention of respectables of locality and common friends, I have compromised with the accused Gagandeep Singh, Parminder Kaur and Pushipinder Singh @ Rubal voluntarily and without any pressure, coercion or threat. I produce copy of compromise Ex.C1 and I identify my signatures at point A on the same. I have no objection if present FIR and proceedings arising out of present FIR against the accused Gagandeep Singh, Parminder Kaur and Pushpinder Singh @ Rubal are quashed by the Hon'ble Punjab and Haryana High Court. I am giving this statement voluntarily and without any pressure, coercion or threat. The compromise between me and accused Gagandeep Singh, Parminder Kaur and Pushpinder Singh @ Rubal is genuine."

Though statements of the petitioners-accused have also been

recorded, but in view of the fact that complainant-respondent No.2-

Balwinder Singh has suffered the statement, in support of the compromise, 2 of 3

this Court does not find any impedement in quashing the present FIR on the

basis of compromise.

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.

Thus, 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, as 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.0110 dated

07.04.2020 under Sections 420, 120-B IPC (the offence under Section 406

IPC was added later on) and Section 13 of Punjab Prevention of Human

Smuggling Act, 2012, registered at Police Station Tripri Patiala, District

Patiala (Annexure P-1) and all the consequential proceedings arising

therefrom are hereby quashed qua the petitioners on the basis of

compromise dated 29.09.2020 (Annexure P-2), however, subject to payment

of costs of `15,000/- to be deposited by the petitioners, within a period of

one month from today with the Bar Association of this Court.

Since the present order is being passed in the absence of

respective lawyers of the parties, in case either party finds that any prejudice

has been caused to them, they shall be at liberty to seek revival of the

present petition.

February 03, 2021                             (HARI PAL VERMA)
seema                                            JUDGE
                     Whether speaking/reasoned: Yes/No
                     Whether Reportable:                  Yes/No




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