Jarnail Singh vs State Of Punjab And Others
2024 Latest Caselaw 5839 P&H

Punjab-Haryana High Court

Jarnail Singh vs State Of Punjab And Others on 14 March, 2024

                                                          Neutral Citation No:=2024:PHHC:037224




                                                           2024:PHHC:037224

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

268                                            CRM-M-29626-2022
                                               Date of Decision:14.03.2024

JARNAIL SINGH                                        .....Petitioner

             Vs.

STATE OF PUNJAB AND OTHERS                            .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-    Mr. Arvind Kumar Sharma, Advocate
             for the petitioner.

             Mr. Madhur Sharma, DAG, Punjab.

             Mr. V.K. Pujara, Advocate for
             Mr. Karan Padam, Advocate for respondent Nos.2 and 3.

                          ****

DEEPAK GUPTA, J.

Prayer in this petition filed under Section 482 Cr.P.C. is for

quashing of F.I.R. No.0263 dated 19.12.2017 registered under Sections 406,

and 420 of IPC at Police Station Gobindgarh Mandi, District Fatehgarh

Sahib (Punjab) and all subsequent proceedings arising therefrom on the

basis of compromise dated 30.06.2022 (Annexure P-2).

This Court vide order dated 13.07.2022 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, Amloh and got their statements recorded. On

the basis of the statements so recorded, Learned Magistrate has submitted

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Neutral Citation No:=2024:PHHC:037224

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report dated 06.09.2022 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 Nos.2

and 3 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.0263 dated 19.12.2017

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

Mandi, District Fatehgarh Sahib (Punjab) and all subsequent proceedings

arising therefrom on the basis of compromise deed dated 13.07.2022

(Annexure P-2) are quashed qua the petitioner.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
14.03.2024
pry


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




                                                          Neutral Citation No:=2024:PHHC:037224

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