Punjab-Haryana High Court
Sunny Sardar @ Sandeep Singh And ... vs State Of Haryana And Another on 4 September, 2023
Neutral Citation No:=2023:PHHC:116346
2023:PHHC:116346
CRM-M-17792-2023 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(268-1) CRM-M-17792-2023
Date of Decision:- 04.09.2023
Sunny Sardar @ Sandeep Singh and others ...Petitioners
VERSUS
State of Haryana and another ...Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. Parminder Singh, Advocate for the petitioners.
Mr. Ramender Singh Chauhan, AAG, Haryana
for State-respondent No.1.
Ms. Kamlesh, Advocate
for respondent No.2.
****
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.147 dated 28.05.2020,
registered for offences under Sections 406 and 420 of the Indian Penal
Code, 1860 and Section 24 of the Emigration Act, 1983 at Police Station
Ram Nagar, Karnal, District Karnal, Annexure P-1, along with all
subsequent proceedings arising therefrom, on the basis of compromise deed
dated 27.11.2022, Annexure P-3, arrived at between the parties.
2. Counsel for the petitioners submits that FIR, Annexure P-1, is an
outcome of a misunderstanding, which has been removed and a settlement
has been arrived at. Counsel submits that although petitioners are named as
an accused in some other criminal cases, but a settlement has been arrived
at in those matters also.
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3. Counsel representing complainant-respondent No.2 does not have
any objection in case prayer made in the petition is acceded to.
4. Pursuant to order dated 13.04.2023 passed by this Court, report
has been received from the Trial Court, relevant extract of which is as
under:-
"1. As per the contents of report under Section 173
Cr.P.C. and statement of IO SI Kaptan Singh No.492/SPT,
there are three persons arrayed as accused in the present
case namely Sandeep @ Sunny, Inderjeet Singh and
Gurpreet Singh, who are petitioners no.1 to 3 in the petition
before the Hon'ble High Court.
2. As per the statement of IO SI Kaptan Singh
No.492/SPT, none of the accused is proclaimed offender,
either in this case or in any other case.
3. On the basis of statement of Harvinder Singh, son
of complainant and victim (arrayed as private respondent
No.2 in the petition before Hon'ble High Court) as also the
statement of accused Sandeep @ Sunny and Ranjeet Singh,
SPA of accused Gurpreet Singh and Inderjeet Singh,
undersigned is of the view that the matter has been
compromised between the parties with their free will and
consent, without any pressure and coercion on either side
and the compromise effected between the parties is genuine
and voluntary.
4. As per the statement of IO SI Kaptan Singh
No.492/SPT, accused Sandeep @ Sunny is involved in one
other criminal case being FIR No.148 dated 28.05.2020
under Sections 406, 420, 370, 384 of IPC & Section 24 of
Immigration (sic Emigration) Act (at) Police Station Ram
Nagar, Karnal, while each of the other two accused
Inderjeet Singh and Gurpreet Singh are involved in two
other criminal cases being FIR No.148 dated 28.05.2020
under Sections 406, 420, 370, 384 of IPC & Section 24 of
Immigration (sic Emigration) Act (at) Police Station Ram
Nagar, Karnal and FIR No.378 dated 11.12.2021, under
Sections 406, 420, 467, 468, 471, 120-B IPC, Police Station
Ram Nagar, Karnal.
5. Qua accused Sandeep @ Sunny, trial for the
commission of offences under Section 420, 406, 370 IPC and
Section 24 of Immigration (sic Emigration) Act (charge
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framed on 05.03.2021) is pending at the stage of prosecution
evidence and fixed for 15.05.2023. (Out) of the 17 PWs
arrayed in the list of witnesses, none has been examined till
date. Qua the other two accused Inderjeet Singh and
Gurpreet Singh, it is clear from the statement of IO SI
Kaptan Singh No.492/SPT that they have not yet joined
investigation of present case."
5. Heard counsel for the parties.
6. In view of the report given by the Trial Court and the 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.147 dated
28.05.2020, registered for offences under Sections 406 and 420 of the
Indian Penal Code, 1860 and Section 24 of the Emigration Act, 1983 at
Police Station Ram Nagar, Karnal, District Karnal, Annexure P-1, along
with all subsequent proceedings arising therefrom, are quashed qua the
petitioners.
(SUVIR SEHGAL)
JUDGE
04.09.2023
Kamal
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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