Sachin Kumar vs State Of Punjab And Another
2023 Latest Caselaw 20770 P&H

Punjab-Haryana High Court

Sachin Kumar vs State Of Punjab And Another on 30 November, 2023

                                                         Neutral Citation No:=2023:PHHC:152375




S. No.295                              2023:PHHC:152375
      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH
                   ****
                            CRM-M-28155 of 2023 (O&M)
                             Date of Decision:30.11.2023

Sachin Kumar                          .....Petitioner
      Vs.
State of Punjab and another           .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Rohan Garg, Advocate for the petitioner.

            Mr. M.S. Nagra, AAG, Punjab.

            Mr. Jaiveer Singh, Advocate for respondent No.2-
            complainant.
                         ****

DEEPAK GUPTA, J. (Oral)

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

quashing of F.I.R. No.340 dated 13.12.2021 registered at Police Station City

Kapurthala, District Kapurthala under Sections 420, 406, & 506 IPC along

with all subsequent proceedings arising therefrom, on the basis of

compromise dated 21.03.2023 (Annexure P.2).

This Court vide order dated 31.05.2023/19.09.2023 had directed

the parties to appear before the trial Court/Area Magistrate 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 before

learned Chief Judicial Magistrate, Kapurthala and got their statements

recorded. On the basis of the statements so recorded, learned Magistrate has

submitted report dated 08.11.2023 to the effect that the compromise

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has been effected between the parties voluntarily and without

any coercion or undue influence.

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.340 dated 13.12.2021

registered at Police Station City Kapurthala, District Kapurthala under

Sections 420, 406, & 506 IPC along with all subsequent proceedings arising

therefrom, on the basis of compromise dated 21.03.2023 (Annexure P.2), are

quashed qua the petitioner.

November 30, 2023                                           ( DEEPAK GUPTA )
renu                                                             JUDGE
          Whether Speaking/reasoned            Yes/No
          Whether Reportable                   Yes/No




                                                          Neutral Citation No:=2023:PHHC:152375

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