Punjab-Haryana High Court
Satyaparkash vs State Of Punjab And Another on 13 December, 2023
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2023:PHHC:159961
2023:PHHC:159961
CRM-M-29831-2023
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280
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-29831-2023
Date of decision:-13.12.2023
Satyaparkash
...Petitioner
Versus
State of Punjab and another
...Respondents
CORAM : HON'BLE MR. JUSTICE SUVIR SEHGAL
Present : Mr.Amit Arora, Advocate
for the petitioner.
Mr.Anup Singh, AAG, Punjab.
Mr.Mikhail Kad, Advocate
for 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.0078 dated
17.07.2014, under Section 420 IPC, registered at Police Station Bareta,
District Mansa, Annexure P1, along with all subsequent proceedings
arising therefrom, on the basis of compromise deed dated 02.06.2023
Annexure P2, arrived at between the parties.
2. Counsel for the petitioner submits that the FIR is an
outcome of financial dispute, which has been amicably settled between
the parties and the petitioner has paid a sum of Rs.3 lakhs in settlement.
3. Counsel for the respondent No.2/complainant has admitted
the factum of compromise.
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4. Heard counsel for the parties.
5. Pursuant to order dated 03.07.2023 passed by this Court,
report has been received from the Judicial Magistrate, relevant extract of
which is as under:-
"(i) As per statement of complainant, accused and IO of the
case, there is only one accused namely Satya Parkash arrayed as
accused in the present FIR and accused person has not been
declared proclaimed offender in the present case.
(ii) Further as per the statement of complainant and I.O. there
is only one complainant and injured /aggrieved namely Vikas
Goyal.
(iii) Further, as per statements of complainant, accused and
I.O., challan has not been presented against accused Satya
Parkash.
(iv) From the aforesaid statements of the effected parties, it
apparently appears that the parties have voluntarily entered into
the compromise between themselves and have settled the matter
amicably. Compromise is genuine, without any kindly ( sic kind)
of undue influence or pressure and out of free will of the parties.
(v) Further, as per statement of I.O., present accused person is
not involved in another case/FIR."
6. In view of the report given by the learned Magistrate and
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)
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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.
7. Accordingly, the petition is allowed. FIR No.0078 dated
17.07.2014, under Section 420 IPC, registered at Police Station Bareta,
District Mansa, Annexure P1, along with all subsequent proceedings
arising therefrom, are quashed qua the petitioners.
(SUVIR SEHGAL)
13.12.2023 JUDGE
Brij
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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