Punjab-Haryana High Court
Gurdeep Singh And Others vs State Of Punjab And Another on 4 August, 2023
Neutral Citation No:=2023:PHHC:100956
2023:PHHC:100956
CRM-M-24169-2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(241) CRM-M-24169-2022
Date of Decision:- 04.08.2023
Gurdeep Singh and others ...Petitioners
VERSUS
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. Kushagra Beniwal, Advocate for the petitioner.
Mr. Kunwarbir Singh, Punjab for State-respondent No.1.
Mr. Tanvir S. Grewal, Advocate for respondent No.2.
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SUVIR SEHGAL, J. (Oral)
1. Instant petition has been filed under Section 482 of the Code of
Criminal Procedure, 1973 for quashing of FIR No.01 dated 24.01.2018,
registered for offences under Sections 419, 420, 465, 467, 471 and 120-B of
the Indian Penal Code, 1860, at Police Station NRI, District Sangrur,
Punjab, Annexure P-1, along with all subsequent proceedings arising
therefrom, on the basis of compromise dated 25.03.2022, Annexure P-2,
arrived at between the parties.
2. Counsel for the petitioners submits that petitioner No.1 is the son
of complainant-respondent No.2. He submits that FIR, Annexure P-1, has
been registered on account of a financial dispute between the parties, which
has been amicably settled by compromise, Annexure P-2. Still further, he
submits that the parties as well as Investigating Officer have appeared
before the Trial Court and their statements have been recorded in support of
the settlement.
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3. Counsel representing respondent No.2 has admitted the factum of
settlement and does not oppose the prayer made in the petition.
4. Upon instructions received from ASI, Gurjant Singh, State
counsel submits that there were four accused, however, one of them,
namely, Gurjant Singh, has expired and proceedings qua him have abated
vide order dated 12.04.2022.
5. Heard counsel for the parties.
6. Pursuant to order dated 30.05.2022 passed by this Court, report
has been received from the Trial Court and its relevant extract is as under:-
"The compromise as per statements of complainant
Jaswant Kaur and accused Gurdeep Singh, Rachpal Singh
and Sukhwinder Singh has been arrived at voluntarily and
without any pressure, undue influence or coercion between
complainant Jaswant Kaur and accused Gurdeep Singh,
Rachpal Singh and Sukhwinder Singh.
It is further submitted that as per statement of accused
Gurdeep Singh, a cross case is pending against him which
was registered on the statement of Jaswant Kaur and off
shoot of F.I.R. No.126 dated 16.07.2018 under Sections
341, 323 read with Section 34 IPC, Police Station Lehra, in
which, petition for quashing the said cross case has also
been filed before the Hon'ble High Court which is pending
for 11.07.2022. However, accused Rachpal Singh and
Sukhwinder Singh have stated that they have not involved
in any other F.I.R.
It is also submitted that ASI Varinder Kumar Investigating
Officer of this case has appeared and has suffered the
statement that except Jaswant Kaur, there is no other
complainant of victim in the present F.I.R."
7. It has been held by a Full Bench of this Court in Kulwinder
Singh vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052,
where minor disputes particularly between close relatives are converted into
criminal proceedings, the High Court has wide power under Section 482,
Cr.P.C. to quash the proceedings in case the dispute ends in an amicable
settlement between the parties.
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8. Keeping in view the settlement, report of the Trial Court as well
as judgment of a Full Bench of this Court, this Court has no hesitation in
accepting the prayer made in the petition.
9. Accordingly, the petition is allowed. FIR No.01 dated
24.01.2018, registered for offences under Sections 419, 420, 465, 467, 471
and 120-B of the Indian Penal Code, 1860, at Police Station NRI, District
Sangrur, Punjab, Annexure P-1, along with all subsequent proceedings
arising therefrom, are quashed qua the petitioners.
10. At this stage, counsel representing the petitioners has submitted
that in deference to order dated 27.03.2018 passed by this Court in CRM-
M-12763-2018 titled as "Gurdeep Singh Versus State of Punjab", an
amount of Rs.3 lacs was deposited by petitioner No.1 before the Area
Magistrate/Trial Court, which was to be disbursed, subject to the final
outcome of the trial. He has submitted that the Magistrate be directed to
refund the said amount to him.
11. Counsel representing respondent No.2 submits that he has no
objection if such an order is passed.
12. Accordingly, Area Magistrate/Trial Court shall forthwith refund
the amount of Rs.3 lacs to petitioner No.1, in case the amount has been
deposited, as stated by counsel for the petitioners.
(SUVIR SEHGAL)
JUDGE
04.08.2023
Kamal
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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