Citation : 2023 Latest Caselaw 19873 P&H
Judgement Date : 16 November, 2023
Neutral Citation No:=2023:PHHC:145912
Neutral Citation No. 2023:PHHC:145912
CRM-M No. 40942 of 2023 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Sr. No.288 CRM-M No.40942 of 2023
Date of Decision: 16.11.2023
Tejinder Singh @ Teji
.......Petitioner
Vs.
State of Punjab & anr.
........Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Kanwar Inder Singh, Advocate,
for the petitioner.
Mr. P.S. Pandher, AAG, Punjab.
Mr. Vikramjeet Singh, Advocate,
for respondent No.2.
DEEPAK GUPTA, J. (ORAL)
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of F.I.R. No.238 dated 24.08.2022, registered under Sections
406, 420, 467, 468, 471 and 120-B of IPC at Police Station Tripuri, Patiala
and all subsequent proceedings arising therefrom on the basis of
compromise dated 01.08.2023.
This Court vide order dated 21.08.2023 had directed the parties
to appear before the Trial Court/Illaqa Magistrate to get their statements
recorded and the learned Magistrate was directed to send his/her report qua
the genuineness of the compromise.
Pursuant to the aforesaid order, parties have appeared before
learned Judicial Magistrate 1st Class, Patiala and got their statements
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Neutral Citation No:=2023:PHHC:145912
Neutral Citation No. 2023:PHHC:145912
recorded. On the basis of the statements so recorded, learned Magistrate has
submitted report dated 06.10.2023 to the effect that the compromise has
been effected between the parties voluntarily and without any coercion or
undue influence.
Statement of respondent No.2-complainant, namely,
Vikramjeet Singh Mann with regard to compromise was recorded before
learned Magistrate on 14.09.2023.
Learned State counsel as well as learned counsel for
respondent No.2 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.238 dated 24.08.2022, registered
under Sections 406, 420, 467, 468, 471 and 120-B of IPC at Police Station
Tripuri, Patiala and all subsequent proceedings arising therefrom on the
basis of compromise qua petitioner(s), are hereby quashed.
16.11.2023 ( DEEPAK GUPTA )
monika JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2023:PHHC:145912
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