Punjab-Haryana High Court
Sonu Singh And Another vs State Of Punjab And Another on 4 September, 2023
Neutral Citation No:=2023:PHHC:116336
2023:PHHC:116336
CRM-M-52612-2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(262) CRM-M-52612-2022
Date of Decision:- 04.09.2023
Sonu Singh and another ...Petitioners
VERSUS
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. Ishan Thakur, Advocate for the petitioners.
Mr. Anup Singh, DAG, Punjab for State-respondent No.1.
Mr. J.S.Khiva, Advocate for the 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.110 dated 07.07.2020,
registered for offences under Sections 457 and 380 of the Indian Penal
Code, 1860, however, later on Section 411, IPC was added, at Police
Station Jhunir, District Mansa, Annexure P-2, along with all subsequent
proceedings arising therefrom, on the basis of compromise dated
05.08.2022, Annexure P-5, arrived at between the parties.
2. Counsel for the petitioners submits that the petitioners are daily
wagers and the allegation of theft have been levelled against them due to
some misunderstanding. He submits that the dispute has been settled by
way of a compromise and the parties have recorded their statements in its
support.
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3. Upon instructions received from HC, Angrej Singh, State counsel
submits that recovery of stolen articles have been effected from petitioner
No.1 as well as co-accused, Angrej Singh, who has unfortunately expired.
4. Counsel representing complainant-respondent No.2 has admitted
the factum of settlement.
5. Pursuant to order dated 09.03.2023 passed by this Court, report
has been received from the Trial Court, relevant extract of which is as
under:-
"So, after going through the above statement of
complainant, accused and witness, this Court is satisfied that
a compromise, copy of which is Mark X have been effected
between the complainant and accused is bonafide, without
any coercion or undue influence and the same are genuine
and voluntary. Further, as per record, there is no other
accused except accused Sonu Singh, Sunny Singh @
Rajinder Singh. During trial accused Angrej Singh died and
accused are not involved in any other criminal case. No PO
proceeding is pending against any accused of the present
FIR."
6. Heard counsel for the parties.
7. 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
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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.
8. Accordingly, the petition is allowed. FIR No.110 dated
07.07.2020, registered for offences under Sections 457 and 380 of the
Indian Penal Code, 1860, however, later on Section 411, IPC was added, at
Police Station Jhunir, District Mansa, Annexure P-2, 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
Neutral Citation No:=2023:PHHC:116336
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