Punjab-Haryana High Court
Amit Sharma Alias Amit Kumar vs State Of Punjab And Others on 15 December, 2023
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2023:PHHC:161560
2023:PHHC:161560
CRM-M-50622-2023
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-50622-2023
Date of decision:-15.12.2023
Amit Sharma alias Amit Kumar
...Petitioner
Versus
State of Punjab and others
...Respondents
CORAM : HON'BLE MR. JUSTICE SUVIR SEHGAL
Present : Mr.U.K. Kaushal, Advocate for
Mr.Bharat Puri, Advocate
for the petitioner.
Mr.Harkanwar Jeet Singh, AAG, Punjab.
Mr.Raman Kumar, Advocate
for respondents No.2 and 3.
****
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.0204 dated
15.10.2022, under Sections 406, 420 and 120-B IPC and Section 13 of
Punjab Travel Professional (Regulation) Act, 2014, registered at Police
Station City Phagwara, District Kapurthala, Annexure P1, along with all
subsequent proceedings arising therefrom, on the basis of compromise
deed dated 28.08.2023, Annexure P2, arrived at between the parties.
2. Counsel for the petitioner submits that the FIR is an
outcome of misunderstanding, which has been removed and the dispute
has been amicably settled between the parties by compromise, Annexure
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CRM-M-50622-2023
P2.
3. Counsel for the respondents No.2 and 3 has admitted the
factum of compromise.
4. Heard counsel for the parties.
5. Pursuant to order dated 07.10.2023 passed by this Court,
report has been received from the Judicial Magistrate, relevant extract of
which is as under:-
"1. Two persons have been arraigned as accused in the present
FIR namely Amit Sharma s/o Prem Sagar r/o 143, 02, New
Karansar Colony, Shiv Shakti Enclave, Ludhiana and Nancy @
Simran d/o Surjit Lal, r/o Kultham, Behram, District SBS Nagar.
Amit Sharma appeared before the Court of undersigned and
suffered statement. Accused Nancy @ Simran has been declared
innocent by Investigating Officer Sh.Jaspreet Singh, D.S.P.,
Phagwara during investigation. No accused is absconding/P.O. in
this FIR.
2. In the present FIR there are two complainants namely
Baljit Singh son of Gurdial Singh Padda, r/o Beas Hospital, Beas,
Tehsil Baba Bakala, District Amritsar and Naresh Kumar son of
Rakesh Kumar, r/o Mehta Chowk, Tehsil Baba Bakala, District
Amritsar. Both these complainants/aggrieved appeared before
the Court of undersigned and suffered statement in support of
compromise.
3. As per statement of Investigating Officer, the case is still
under investigation.
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4. The compromise effected between Amit Sharma, Baljeet
Singh and Naresh Kumar is genuine, voluntarily and out of free
will of the parties.
5. As per statement of I.O., no other criminal case is pending
against the accused in police station City, Phagwara."
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)
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.0204 dated
15.10.2022, under Sections 406, 420 and 120-B IPC and Section 13 of
Punjab Travel Professional (Regulation) Act, 2014, registered at Police
Station City Phagwara, District Kapurthala, Annexure P1, along with all
subsequent proceedings arising therefrom, are quashed qua the
petitioner.
(SUVIR SEHGAL)
15.12.2023 JUDGE
Brij
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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