Parveet Kathuria vs State Of Punjab And Another
2024 Latest Caselaw 7178 P&H

Punjab-Haryana High Court

Parveet Kathuria vs State Of Punjab And Another on 4 April, 2024

                                        Neutral Citation No:=2024:PHHC:045523



                                                          2024:PHHC:045523

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

265                                             CRM-M-11985-2023 (O&M)
                                                Date of Decision:04.04.2024

PARVEET KATHURIA                                     .....Petitioner

                         Vs.

STATE OF PUNJAB AND ANOTHER                           .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   None for the petitioner.
            Mr. Amandeep Singh, DAG, Punjab.
            None for respondent No.2

                         ****
DEEPAK GUPTA, J.

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

quashing of FIR No.65 dated 01.04.2018 under Section 420 of IPC and

Section 13 of the Punjab Prevention of Human Smuggling Act, 2012,

registered at Police Station Civil Lines, Patiala, District Patiala and all

subsequent proceedings arising therefrom on the basis of compromise dated

22.09.2022 (Annexure P-2).

This Court vide order dated 29.02.2024 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.

Pursuant to the aforesaid order, parties have appeared before

Judicial Magistrate Ist Class, Patiala and got their statements recorded. On

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

report dated 21.03.2024 to the effect that the compromise has been effected

1 of 2

Neutral Citation No:=2024:PHHC:045523

CRM-M-11985-2023 (O&M) -2- 2024:PHHC:045523

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

Learned State counsel has 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 FIR No.65 dated 01.04.2018 under

Section 420 of IPC and Section 13 of the Punjab Prevention of Human

Smuggling Act, 2012, registered at Police Station Civil Lines, Patiala,

District Patiala and all subsequent proceedings arising therefrom on the

basis of compromise dated 22.09.2022 (Annexure P-2) are quashed qua the

petitioner.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
04.04.2024
pry


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




                                      2 of 2