Prabhjot Singh vs State Of Punjab And Others
2024 Latest Caselaw 10545 P&H

Punjab-Haryana High Court

Prabhjot Singh vs State Of Punjab And Others on 1 July, 2024

                                        Neutral Citation No:=2024:PHHC:081106



CRM-M-20498-2023(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                             AT CHANDIGARH

249                                             CRM-M-20498-2023(O&M)
                                                Date of Decision: 01.07.2024


PRABHJOT SINGH                                               ....Petitioner

                                    VERSUS

STATE OF PUNJAB AND OTHERS                                   ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Rahi Mehra, Advocate for the petitioner.

              Mr. Satjot Singh, AAG, Punjab.

              Mr. Mohit Sharma, Advocate for respondents no.2 & 3.

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 482 of Code

of Criminal Procedure for quashing of FIR No.58 dated 23.02.2021 under

Sections 420 and 120-B of IPC registered at Police Station B-Division,

Amritsar and all the subsequent proceedings arising therefrom, on the basis

of compromise dated 13.04.2023 (Annexure P-2).

2. This Court vide order dated 01.05.2023 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.

3. Pursuant to the aforesaid order, parties have appeared before the

learned Judicial Magistrate 1st Class, Amritsar and got their statements

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Neutral Citation No:=2024:PHHC:081106

CRM-M-20498-2023(O&M)

recorded. On the basis of the statements so recorded, learned Magistrate has

submitted report dated 12.06.2023 to the effect that the compromise has

been effected between the parties voluntarily and without any coercion or

undue influence. It is also mentioned in the report that apart from the

petitioner, one more person had been arrayed as accused in the present FIR,

however, compromise has been effected between the complainant, victim

and present petitioner only and that the petitioner has not been declared

proclaimed person in this case.

4. Learned State counsel as well as counsel for respondents No.2

& 3 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 FIR.

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.58 dated 23.02.2021 under

Sections 420 and 120-B of IPC registered at Police Station B-Division,

Amritsar and all subsequent proceedings arising therefrom on the basis of

compromise dated 13.04.2023 (Annexure P-2) are quashed qua the

petitioner.

( MANISHA BATRA ) 01.07.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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