Punjab-Haryana High Court
Sukhpal Singh Sandhu @ Sukhpal ... vs State Of Punjab And Another on 31 August, 2023
Neutral Citation No:=2023:PHHC:114676
2023:PHHC:114676
CRM-M-28278-2023 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(271) CRM-M-28278-2023
Date of Decision:- 31.08.2023
Sukhpal Singh Sandhu @ Sukhpal Singh ...Petitioner
VERSUS
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Ms. Nargis, Advocate for
Mr. Gopal Singh Nahel, Advocate
for the petitioner.
Mr. Anup Singh, DAG, Punjab
for State-respondent No.1.
Mr. Amit Rana, 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.44 dated 15.03.2023,
registered for offences under Sections 406, 420, 506 and 427 of the Indian
Penal Code, 1860, at Police Station Pasyana, District Patiala, Annexure P-1,
along with all subsequent proceedings arising therefrom, on the basis of
compromise, Annexure P-2, arrived at between the parties.
2. Counsel for the petitioner submits that complainant lodged an
FIR, Annexure P-1, on the allegation that the petitioner has defrauded him.
Though, the petitioner bored a tubewell, but no underground water was
found. Counsel submits that FIR is an outcome of a petty dispute, which
has been amicably settled.
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3. Upon instructions, State counsel submits that the matter is under
investigation.
4. Counsel representing complainant-respondent No.2 submits that
he does not have any objection in case the criminal proceedings are
quashed.
5. Pursuant to order dated 31.05.2023 passed by this Court, report
has been received from the Trial Court, relevant extract of which is as
under:-
"1. Only Sukhpal Singh Sandhu is arrayed as accused
in this case. There is no any other accused involved in the
present case.
2. Neither the accused has been declared as
Proclaimed Offender/person nor any proclamation
proceedings is pending against him.
3. Compromise effected between the parties is
genuine and voluntarily as per information given by both the
parties.
4. Accused person is not involved in any other FIR as
per the statement of the Investigating Officer.
5. Gurmeet Singh is victim/complainant of the
present case."
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,
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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.44 dated
15.03.2023, registered for offences under Sections 406, 420, 506 and 427 of
the Indian Penal Code, 1860, at Police Station Pasyana, District Patiala,
Annexure P-1, along with all subsequent proceedings arising therefrom, are
quashed qua the petitioner.
(SUVIR SEHGAL)
JUDGE
31.08.2023
Kamal
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:114676
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