Indu Verma vs State Of Punjab And Another
2022 Latest Caselaw 17445 P&H

CRM-M-31654-2021 (O&M)
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       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                             CRM-M-31654-2021 (O&M)
                                Date of decision: 21.12.2022

Indu Verma
                                                               ...Petitioner(s)
                    Versus

State of Punjab and another
                                                            ...Respondent(s)

CORAM: HON'BLE MR.JUSTICE KARAMJIT SINGH

       Mr. Naveen Bawa, Advocate, for the petitioner.
Present:
       Mr. C.L.Pawar, Addl. AG, Punjab
       Mr. Vishnu Dutt, Advocate, for respondent No.2.
             *****
KARAMJIT SINGH, J. (Oral)

Prayer in this petition is for quashing of FIR No.40 dated

10.9.2014 registered under Sections 419, 420, 467, 468, 471, 120-B IPC at

Police Station Airport, District Amritsar and conviction judgment/order

dated 3.1.2019 on the basis of compromise.

The above stated FIR was registered on the statement of the

complainant/respondent No.2-Narinder Kumar against the petitioner.

On notice of motion, respondent No.2 appeared in the Court

through his counsel and pleaded that he has no objection if the FIR in this

case is quashed on the basis of the aforesaid compromise which has been

effected between the parties.

During the course of preliminary hearing, the trial Court/Illaqa

Magistrate was directed to record the statements of the all the concerned

parties with regard to genuineness and validity or otherwise of the aforesaid

compromise.

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CRM-M-31654-2021 (O&M)

In compliance thereof, report from the Court of Additional

Sessions Judge, Amritsar along with statements of the parties has been

received, in which, it is mentioned that the compromise is genuine and there

was no undue influence or coercion from any side.

I have heard learned counsel for the parties.

Learned counsel for the petitioner and for respondent No.2 are

ad idem that in view of the settlement effected between the parties, the

present petition deserves to be accepted. It has also come on record that the

aforesaid compromise is genuine and the parties effected the same without

any undue influence or coercion.

A Division Bench of this Court in Sube Singh and another v.

State of Haryana and another, 2013(4) RCR(Criminal) 102 allowed the

compromise quashing petition and quashed the FIR as well as all the

subsequent thereof including judgment and order passed by the Court of

Additional Chief Judicial Magistrate whereby the accused persons were

convicted and sentenced to imprisonment and further held that the appeal

preferred by the accused persons against the aforesaid judgment and order

has been rendered infructuous.

Recently the Hon'ble Apex Court in Criminal Appeal

No.1393 of 2011 titled as Ramawatar v. State of Madhya Pradesh

decided on 25.10.2021 quashed all the proceedings including judgment and

order of conviction and sentence passed by the trial Court against which the

appeal was pending in the High Court, on the basis of the compromise

effected between the parties.

In the case in hand, the parties have effected compromise. In

view of the compromise, respondent No.2 does not want to take any further 2 of 3

CRM-M-31654-2021 (O&M)

action against the petitioner. I am of the view that the aforesaid

compromise is in the welfare and interest of the parties and will enable the

parties to live in peace and enjoy their life in a dignified manner. So no

fruitful purpose would be served by keeping the proceedings pending in the

Appellate Court.

For the reasons aforestated and having regard to the law laid

down by Hon'ble Apex Court in Gian Singh v. State of Punjab and

another, 2012 (4) RCR (Criminal) 543 and Five Judges Bench of this Court

in Kulwinder Singh and others v. State of Punjab and another, 2007(3)

RCR (Criminal) 1052, this petition is allowed and FIR No.40 dated

10.9.2014 registered under Sections 419, 420, 467, 468, 471, 120-B IPC at

Police Station Airport, District Amritsar and conviction judgment/order

dated 3.1.2019 and all the subsequent proceedings are hereby quashed qua

the petitioner.

The present petition stands allowed in the aforesaid terms.

                                                     ( KARAMJIT SINGH )
                                                         JUDGE
December 21, 2022
Paritosh Kumar
                 Whether speaking/reasoned :       Yes         No
                 Whether Reportable :              Yes         No




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