Mandeep Singh vs State Of Punjab And Anr
2024 Latest Caselaw 20840 P&H

Punjab-Haryana High Court

Mandeep Singh vs State Of Punjab And Anr on 22 November, 2024

                                        Neutral Citation No:=2024:PHHC:154672



CRM-M-49901-2024(O&M)
                                  1




            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

255                                             CRM-M-49901-2024(O&M)
                                                Date of Decision: 22.11.2024


MANDEEP SINGH                                         ....Petitioner
                       VERSUS
STATE OF PUNJAB AND ANR                               ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Rahul Noorie, Advocate for the petitioner.

              Mr. Amandeep Singh Samra, AAG, Punjab.

              Mr. Rajbir Singh, Advocate for respondent no.2.

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 528 of

Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.473 dated

15.12.2020 under Section 420 of IPC registered at Police Station Zirakpur,

District SAS Nagar and all the subsequent proceedings arising therefrom,

on the basis of compromise dated 20.03.2024 (Annexure P-2).

2. This Court vide order dated 04.10.2024 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 Judicial Magistrate 1st Class, Dera Bassi 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:154672

CRM-M-49901-2024(O&M)

submitted copy of report dated 20.11.2024 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

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.473 dated 15.12.2020

under Section 420 of IPC registered at Police Station Zirakpur, District SAS

Nagar and all subsequent proceedings arising therefrom on the basis of

compromise dated 20.03.2024 (Annexure P-2) are quashed qua the

petitioner.

( MANISHA BATRA ) 22.11.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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