Harjit Singh vs State Of Punjab And Another
2024 Latest Caselaw 5414 P&H

Punjab-Haryana High Court

Harjit Singh vs State Of Punjab And Another on 11 March, 2024

                                                          Neutral Citation No:=2024:PHHC:034614




                                                           2024:PHHC:034614

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

290                                            CRM-M-9790-2024
                                               Date of Decision:11.03.2024

HARJIT SINGH                                                .....Petitioner

             Vs.

STATE OF PUNJAB AND ANOTHER                                 .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-    Mr. Sunil Agnihotri, Advocate
             for the petitioner.

             Mr. Madhur Sharma, DAG, Punjab.

             Mr. Vishal Munjal, 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.04 dated 27.01.2008 registered under Sections 420

and 406 of IPC at Police Station Gardhiwala, District Hoshiarpur and all

subsequent proceedings arising therefrom on the basis of compromise dated

15.02.2024 (Annexure P-2).

This Court vide order dated 26.02.2024 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 and got their statements recorded. On the basis

of the statements so recorded, Learned Magistrate has submitted report dated

05.03.2024 to the effect that the compromise has been effected between the

1 of 2

Neutral Citation No:=2024:PHHC:034614

CRM-M-9790-2024 -2- 2024:PHHC:034614

parties voluntarily and without any coercion or undue influence.

Learned State counsel as well as 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.04 dated 27.01.2008

registered under Sections 420 and 406 of IPC at Police Station Gardhiwala,

District Hoshiarpur and all subsequent proceedings arising therefrom on the

basis of compromise dated 15.02.2024 (Annexure P-2) are quashed qua the

petitioner.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
11.03.2024
pry


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

Neutral Citation No:=2024:PHHC:034614

2 of 2