Ravi Kumar vs State Of Punjab And Another
2024 Latest Caselaw 262 P&H

Punjab-Haryana High Court

Ravi Kumar vs State Of Punjab And Another on 8 January, 2024

                                                          Neutral Citation No:=2024:PHHC:001226




                                                         2024:PHHC:001226

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH


286                                     CRM-M-29087-2023
                                        Date of Decision:08.01.2024

RAVI KUMAR                                                  .....Petitioner

             Vs.

STATE OF PUNJAB AND ANOTHER                                  .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-    Ms. Aarti Kaur, Advocate for
             Mr. Rahul Bhargava, Advocate
             for the petitioner.

             Mr. Mohit Thakur, AAG, Punjab.

             Ms. Shivani Saini, 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.0147 dated 02.05.2016 registered under Sections 420,

467, 468, 471, 120-B of Indian Penal Code Act, 1860 registered at Police

Station Civil Lines, Police Commissionerate Amritsar and all subsequent

proceedings arising therefrom on the basis of compromise dated 26.09.2022

(Annexure P-2).

This Court vide order dated 01.12.2023 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

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Neutral Citation No:=2024:PHHC:001226

CRM-M-29087-2023 -2- 2024:PHHC:001226

Chief Judicial Magistrate and got their statements recorded. On the basis of

the statements so recorded, Learned Magistrate has submitted report dated

20.12.2023 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.0147 dated 02.05.2016

registered under Sections 420, 467, 468, 471, 120-B of Indian Penal Code

Act, 1860 registered at Police Station Civil Lines, Police Commissionerate

Amritsar and all subsequent proceedings arising therefrom on the basis of

compromise dated 26.09.2022 (Annexure P-2), are quashed qua the

petitioner.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
08.01.2024
pry


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




                                                          Neutral Citation No:=2024:PHHC:001226

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