Amarjit Singh vs State Of Punjab And Others
2023 Latest Caselaw 1446 P&H

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH
                           ****
253                          CRM-M-35943 of 2022
                             Date of Decision:23.01.2023

Amarjit Singh                                             .....Petitioner
                  Vs.

State of Punjab and others                                .....Respondents


CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Sanjeet Kumar Bawa, Advocate
            for the petitioner.

            Mr. P.S. Pandher, AAG, Punjab.

            Mr. Mukesh Kumar Bhatnagar, Advocate
            for respondents No.2 &3.

                        ****

DEEPAK GUPTA, J.

Prayer in this petition filed under Section 482 Cr.P.C. is for

quashing of F.I.R. No.34 dated 24.02.2022 registered under Sections

406 & 420 of the Indian Penal Code, 1860 and under Section 13 of

Punjab Travel Professional (Regulations) Act 2014 registered at Police

Station Division No.2, District Jalandhar and all subsequent

proceedings arising therefrom on the basis of compromise and affdavit

dated 11.07.2022 and 14.07.2022 as (Annexure P-2 and Annexure P-3)

respectively.

This Court vide order dated 16.08.2022 had directed the

parties to appear before the trial Court to get their statements recorded

and the learned Magistrate was directed to send its report qua the

genuineness of the compromise.

Pursuant to the aforesaid order, parties have appeared

1 of 2

before Learned Judicial Magistrate Ist Class, Jalandhar and got

their statements recorded. On the basis of the statements so recorded,

learned Magistrate has submitted report dated 15.10.2022 to the effect

that the compromise has been effected between the parties voluntarily

and without any coercion or undue influence.

Learned State counsel as well as learned counsel for

respondent Nos.2 & 3 have not disputed the factum of compromise

between the parties.

In view of the above, no useful purpose would be served to

continue with the proceedings before the trial Court in the instant F.I.R.

Following the principles laid down by the Full Bench

judgment of this Court in Kulwinder Singh and others Versus State of

Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by

the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and

others (2012) 10 SCC 303, this petition is allowed and F.I.R. No.34

dated 24.02.2022 registered under Sections 406 & 420 of the Indian

Penal Code, 1860 and under Section 13 of Punjab Travel Professional

(Regulations) Act 2014 registered at Police Station Division No.2,

District Jalandhar and all subsequent proceedings arising therefrom on

the basis of compromise and affdavit dated 11.07.2022 and 14.07.2022

as (Annexure P-2 and Annexure P-3) respectively, are quashed.

January 23, 2023                                  ( DEEPAK GUPTA )
Neetika Tuteja                                         JUDGE
                 Whether Speaking/reasoned        Yes/No
                 Whether Reportable               Yes/No


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