Hari Singh And Another vs State Of Punjab And Others
2023 Latest Caselaw 21915 P&H

Punjab-Haryana High Court

Hari Singh And Another vs State Of Punjab And Others on 14 December, 2023

                                                         Neutral Citation No:=2023:PHHC:160870




283                               2023:PHHC:160870
            IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                              CRM-M-809-2023
                                              Date of Decision:14.12.2023


Hari Singh and Anr.                                        ...Petitioners

                                       vs.

State of Punjab and Others                                      ...Respondents


Coram :     Hon'ble Mr. Justice N.S.Shekhawat

Present :   Mr. A.S Manaise, Advocate
            for the petitioners.

            Mr. Mohit Chaudhary, AAG, Punjab.

            Mr.Komalpreet Singh, Advocate
            for respondents.
                   ***

N.S.Shekhawat J. (Oral)

1. The instant petition has been filed under Section 482 Cr.P.C. for

quashing of criminal complaint bearing No.COMI/423/2013 dated 05.04.2011

titled as "Jagdish Singh Vs. Hari Singh and Others" under Sections

420,406,467,468 and 471 of IPC along with judgment and order of conviction

dated 22.12.2017 (Annexure P-2) passed by the JMIC, Patti and subsequent

proceedings arising therefrom on the basis of compromise.

2. Vide order dated 17.08.2023, this Court had directed the parties to

appear before the Illaqa Magistrate/trial Magistrate for getting their statements

recorded with respect to compromise.

3. Pursuant to aforesaid order, the parties have appeared before the

SDJM,Patti and got their statements recorded. Report dated 01.12.2023

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has been received whereby after recording the statements of the parties, the

Court below has shown its satisfaction that the compromise is genuine,

voluntary and without any coercion or undue influence.

4. I have heard counsel for the parties and gone through the case file.

5. In the light of the satisfaction shown by the Court below and

considering the offence for which the accused have been charged are not of

serious nature, together with the fact that compromise will go a long way in

ironing out the differences for betterment of future life of the parties and also in

view of the law laid down in Gian Singh Vs. State of Punjab and another,

2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of

Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the

FIR is allowed qua the petitioners.

6. Resultantly, criminal complaint bearing No.COMI/423/2013 dated

05.04.2011 titled as "Jagdish Singh Vs. Hari Singh and Others" under Sections

420,406,467,468 and 471 of IPC along with judgment and order of conviction

dated 22.12.2017 (Annexure P-2) passed by the JMIC, Patti alongwith all

consequential proceedings arising therefrom are hereby quashed qua the

petitioners.

                                                       (N.S.SHEKHAWAT)
14.12.2023                                                  JUDGE
hitesh

                     Whether speaking/reasoned :          Yes/No
                     Whether reportable            :      Yes/No




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