Jashanpreet Singh @ Jashan Singh vs State Of Punjab & Another
2024 Latest Caselaw 13613 P&H

Punjab-Haryana High Court

Jashanpreet Singh @ Jashan Singh vs State Of Punjab & Another on 5 August, 2024

                    Neutral Citation No:=2024:PHHC:100537




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                                         Neutral Citation No:=2024:PHHC:100537



undue influence. It is also mentioned in the report that Jashanpreet Singh @

Jashan Singh and Gurmukh Singh have been arrayed as accused in this case.

However, through this petition only the present petitioner and the

complainant have compromised the matter. There is no other accused

involved in the present FIR. Separate statements of present petitioner and

complainant/respondent No.2 as well as the Investigating Officer had been

recorded. It is further mentioned in the report that a compromise has been

effected between the parties and that the petitioner has not been declared

proclaimed person in this case.

4. The factum of compromise having arrived at between the

parties has not been disputed by learned State counsel as well as counsel for

respondent No.2. Learned State counsel, however, has submitted that it is a

case of partial compromise as the co-accused is not a party to the same and it

might have repercussions upon the trial. In the opinion of this Court, since it

has come on record that the compromise has been effected between the

parties to maintain peace and harmony and as there are bleak chances of

conviction of the petitioner, therefore, partial quashing or part quashing of

the FIR qua the petitioner only, can be allowed. In this regard reliance can be

placed upon the observations made by Delhi High Court in "Sunil Tomar

Vs. State of NCT of Delhi", 2022(2) Crl. CC 179 and "Lovely Salhotra

and another vs. State of NCT of Delhi", (2018) 12 SCC 391 as well as

judgments passed by the co-ordinate Bench of this Court in "Parambir

Singh Gill vs. Malkiat Kaur", 2010 (1) RCR (Criminal) 256 and "Samay

Singh vs. State of Haryana" 2023 NCPHHC 99612.

5 As per the discussion so made above, no useful purpose would

be served to continue with the proceedings before the trial Court in the

instant FIR.

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Neutral Citation No:=2024:PHHC:100537

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 FIR No.0082 dated 28.05.2023

under Sections 406 & 420 of IPC registered at Police Station Pasyana,

District Patiala, Punjab and all subsequent proceedings arising therefrom on

the basis of compromise dated 27.05.2024 (Annexure P-2) are quashed qua

the petitioner herein only.

( MANISHA BATRA ) 05.08.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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