Gurpreet Singh And Another vs State Of Punjab And Another
2024 Latest Caselaw 7060 P&H

Punjab-Haryana High Court

Gurpreet Singh And Another vs State Of Punjab And Another on 3 April, 2024

                                      Neutral Citation No:=2024:PHHC:045121



                                                         2024:PHHC:045121

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH
                           ****

288                                           CRM-M-25069-2023
                                              Date of Decision:03.04.2024

Gurpreet Singh and another                                 .....Petitioners
      Vs.
State of Punjab and Another                                .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. G.S. Phul, Advocate
            for the petitioners.

            Mr. Amandeep Singh, DAG, Punjab.

            Mr. Abhishek Malik, Advocate for
            Mr. Mayur Karkra, Advocate for
            respondent No.2.

                         ****

DEEPAK GUPTA, J.

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

quashing of F.I.R. No.120 dated 21.10.2018 registered under Sections 420,

465, 468, 471, 120-B of the IPC and 13 of Punjab Prevention of Human

Smuggling Act, 2012 registered at Police Station Sector Julkan, District

Patiala and all subsequent proceedings arising therefrom on the basis of

compromise dated 23.11.2019 (Annexure P-4).

2. This Court vide order dated 05.12.2023 and again vide order

dated 07.02.2024 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. It was also directed to

record the statement of petitioner No.1 through Video Conferencing.

3. Pursuant to the aforesaid order, respondent No.2 appeared on

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Neutral Citation No:=2024:PHHC:045121

2024:PHHC:045121

22.12.2023 before Learned Judicial Magistrate 1st Class and got his

statement recorded. Statement of petitioners with regard to compromise was

recorded before Magistrate through Video Conferencing on 27.02.2024. On

the basis of the statements so recorded, Learned Magistrate has submitted

report dated 04.03.2024 to the effect that the compromise has been effected

between the parties voluntarily and without any coercion or undue influence.

4. Learned State counsel as well as learned counsel for respondent

No.2 have not disputed the factum of compromise between the parties.

5. 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.

6. 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.120 dated 21.10.2018

registered under Sections 420, 465, 468, 471, 120-B of the IPC and 13 of

Punjab Prevention of Human Smuggling Act, 2012 registered at Police

Station Sector Julkan, District Patiala and all subsequent proceedings arising

therefrom on the basis of compromise dated 23.11.2019 (Annexure P-4), are

quashed qua the petitioners.

                                                        ( DEEPAK GUPTA )
April 03, 2024                                               JUDGE
Neetika Tuteja


                 Whether Speaking/reasoned        Yes/No
                 Whether Reportable               Yes/No




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