Citation : 2023 Latest Caselaw 15487 P&H
Judgement Date : 11 September, 2023
Neutral Citation No:=2023:PHHC:118856
2023:PHHC:118856
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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275 CRM-M-28956-2023
Date of Decision:11.09.2023
Raja Kumar and Another .....Petitioners
Vs.
State of U.T., Chandigarh and Another .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Ms. Kamlesh, Advocate
for the petitioners.
Mr. Sidakmeet Singh Sandhu, Addl.
P.P., U.T., Chandigarh.
Ms. Amandip Kaur, Advocate
for respondent No.2.
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DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of F.I.R. No.19 dated 16.08.2022 registered under Sections 419,
420, 120-B, 467, 468, 471 of the IPC registered at Police Station Cyber
Crime Chandigarh and all subsequent proceedings arising therefrom on the
basis of compromise dated 20.04.2023 (Annexure P-2).
This Court vide order dated 02.06.2023 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 before
Learned Judicial Magistrate 1st Class and got their statements recorded. On
the basis of the statements so recorded, Learned Magistrate has submitted
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Neutral Citation No:=2023:PHHC:118856
2023:PHHC:118856
report dated 24.07.2023 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
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.19 dated 16.08.2022
registered under Sections 419, 420, 120-B, 467, 468, 471 of the IPC
registered at Police Station Cyber Crime Chandigarh and all subsequent
proceedings arising therefrom on the basis of compromise dated 20.04.2023
(Annexure P-2), are quashed qua the petitioners.
( DEEPAK GUPTA )
JUDGE
September 11, 2023
Neetika Tuteja
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:118856
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