Punjab-Haryana High Court
Bhupinderpal Singh vs State Of Punjab And Another on 9 August, 2023
Neutral Citation No:=2023:PHHC:104107
2023:PHHC:104107
CRM-M-7675-2023 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(276)
CRM-M-7675-2023
Date of Decision:- 09.08.2023
Bhupinderpal Singh ...Petitioner
VERSUS
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. G.S.Hayer, Advocate
for the petitioner.
Mr. Anup Singh, AAG, Punjab
for State-respondent No.1.
Mr. Salinder Kumar Saini, Advocate
for the respondent No.2.
****
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.0004 dated 10.01.2023,
registered for offences under Sections 420, 465, 468, 471 and 120-B of the
Indian Penal Code, 1860, at Police Station City Muktsar District Sri Muktar
Sahib, Annexure P-1, along with all subsequent proceedings arising
therefrom, on the basis of compromise dated 21.01.2023, Annexure P-2,
arrived at between the parties.
2. Counsel for the petitioner submits that four persons were
named as an accused, out of which, Harbhajan Singh has unfortunately
expired and the whereabouts of accused-Surjit Singh are not known.
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Counsel submits that the dispute has been amicably settled between the
petitioner and the complainant-respondent No.2 and the misunderstanding
has been removed.
3. Upon instructions received from HC, Kuldeep Singh, State
counsel submits that proceedings to declare accused-Surjit Singh as a
proclaimed offender have been initiated and Ritu Sharma, who was a
receptionist, has been found to be innocent. Upon further instructions, he
submits that the petitioner is not involved in any other unlawful activity.
4. Counsel representing complainant-respondent No.2 has
admitted the factum of compromise, but clarifies that there is no
compromise with the other accused.
5. Pursuant to order dated 14.02.2023 passed by this Court, report
has been received from the Trial Court, relevant extract of which is as
under:-
"The undersigned has carefully gone through the
statements got recorded by the complainant and accused.
Ex-facie, it transpires from the statements of the parties
(recorded before the undersigned) that they have arrived at
compromise with their free volition, without any inducement,
threat, promise, coercion or undue influence from any
quarter. Apparently, the compromise has been genuinely
arrived at to eliminate bitterness and acrimony between the
parties and in order to restore cordial relations.
It is further humbly submitted that this Court was
further directed to give the report with regard to any other
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accused or aggrieved person is involved as accused, whether
any person has been declared proclaimed offender. It is
humbly submitted that in this regard the statement of ASI
Laljeet Singh No.1215/FZR, Posted at Police Station City Sri
Muktsar Sahib was recorded. ASI Laljit Singh has stated that
he is investigating officer in the FIR No.04, dated
10.01.2023 under sections 420, 465, 468, 471, 120-B of IPC,
Police Station City, Sri Muktsar Sahib. He has further stated
that as per record available in the police station, the FIR
was registered on the statement of Mandeep Singh against
Surjeet Singh Bawa and Bhupinderpal Singh @ Bhinda. He
has further stated that as per the record available in the
police station, there are two accused involved in this FIR
and none of the accused are declared PO in this FIR. He has
further stated that the challan is not present in the court till
date.
From the statement suffered by ASI Laljit Singh
who is the Investigating Officer of the present case it is
found that case was registered on the statement of Mandeep
Singh who is aggrieved party. As per the version given by
ASI Laljit Singh, as per the record available in the police
station, none of the accused have been declared proclaimed
person in this FIR. Further from the statement suffered by
ASI Laljit Singh, it transpired that no other accused except
the referred two accused involved in the present FIR."
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6. Heard counsel for the parties.
7. In view of the report given by the Trial Court and the judgment
of the Supreme Court in Gian Singh Versus State of Punjab and another,
2012(4) RCR (Criminal) 543 and a Full Bench of this Court in Kulwinder
Singh vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this
Court is of the view that keeping the criminal proceedings alive would not
serve any purpose and setting them aside would enable the parties to lead a
harmonious and peaceful life.
8. Accordingly, the petition is allowed. FIR No.0004 dated
10.01.2023, registered for offences under Sections 420, 465, 468, 471 and
120-B of the Indian Penal Code, 1860, at Police Station City Muktsar
District Sri Muktar Sahib, Annexure P-1, along with all subsequent
proceedings arising therefrom, are quashed qua the petitioner.
(SUVIR SEHGAL)
JUDGE
09.08.2023
Kamal
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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