Sunil Kumar And Others vs State Of Punjab And Others
2024 Latest Caselaw 19864 P&H

Punjab-Haryana High Court

Sunil Kumar And Others vs State Of Punjab And Others on 8 November, 2024

                                        Neutral Citation No:=2024:PHHC:146113



CRM-M-48954-2024(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

248                                             CRM-M-48954-2024(O&M)
                                                Date of Decision: 08.11.2024


SUNIL KUMAR AND OTHERS                                       ....Petitioners

                                      VERSUS

STATE OF PUNJAB AND OTHERS                                   ....Respondent

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Surinder Garg, Advocate for the petitioners.

              Mr. Amandeep Singh Samra, AAG, Punjab.

              Mr. B.D. Sharma, Advocate for respondents no.2 & 3.

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 528 of

Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.05 dated

18.01.2018 under Sections 406, 420 and 120-B of IPC (Section 420 of IPC

was added in report under Section 173 Cr.P.C.) registered at Police Station

City-1, Mansa District Mansa and all the subsequent proceedings arising

therefrom, on the basis of compromise dated 16.09.2024 (Annexure -P-2).

2. This Court vide order dated 01.10.2024 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.

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

learned Chief Judicial Magistrate, Mansa and got their statements recorded.

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Neutral Citation No:=2024:PHHC:146113

CRM-M-48954-2024(O&M)

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

report dated 16.10.2024 to the effect that the compromise has been effected

between the parties voluntarily and without any coercion or undue influence.

4. Learned State counsel as well as counsel for respondent 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.05 dated 18.01.2018 under

Sections 406, 420 and 120-B of IPC registered at Police Station City-1,

Mansa District Mansa and all subsequent proceedings arising therefrom on

the basis of compromise dated 16.09.2024 (Annexure P-2) are quashed qua

the petitioners herein only.

( MANISHA BATRA ) 08.11.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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