Gurmit Singh @ Nikka vs State Of Punjab And Another
2024 Latest Caselaw 5705 P&H

Punjab-Haryana High Court

Gurmit Singh @ Nikka vs State Of Punjab And Another on 13 March, 2024

                                                          Neutral Citation No:=2024:PHHC:036444




                                                           2024:PHHC:036444

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

279                                            CRM-M-53043-2023
                                               Date of Decision:13.03.2024

GURMIT SINGH @ NIKKA                                        .....Petitioner

             Vs.

STATE OF PUNJAB AND ANOTHER                                 .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-    Mr. Shubham Mehta, Advocate
             for the petitioner.

             Mr. Madhur Sharma, DAG, Punjab.

             Mr. Hardeep Singh, 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.97 dated 28.08.2023 registered under Sections 406,

420, 120-B of IPC and Section 13 of Punjab Travel Professionals

(Regulations) Act, 2014 at Police Station Nakodar Sadar, District Jalandhar

Rural and all subsequent proceedings arising therefrom on the basis of

compromise deed dated 09.10.2023 (Annexure P-2).

This Court vide order dated 14.12.2023 had again directed the

parties to appear before the trial Court, in compliance of order dated

18.10.2023, 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

Sub Divisional Judicial Magistrate, Nakodar and got their statements

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

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Neutral Citation No:=2024:PHHC:036444

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submitted report dated 03.02.2024 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 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.97 dated 28.08.2023

registered under Sections 406, 420, 120-B of IPC and Section 13 of Punjab

Travel Professionals (Regulations) Act, 2014 at Police Station Nakodar

Sadar, District Jalandhar Rural and all subsequent proceedings arising

therefrom on the basis of compromise deed dated 09.10.2023 (Annexure P-

2) are quashed qua the petitioner.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
13.03.2024
pry


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




                                                          Neutral Citation No:=2024:PHHC:036444

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