Citation : 2024 Latest Caselaw 18839 P&H
Judgement Date : 24 October, 2024
Neutral Citation No:=2024:PHHC:140205
CRM-M-35927-2024 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
274 CRM-M-35927-2024
Date of decision: 24th October, 2024
Surinder Pal
...Petitioner
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present: Mr. Vijay Rana, Advocate for the petitioner.
Mr. Satjot Singh, AAG, Punjab.
Ms. Shreya Rana, Advocate for respondent No.2.
***
MANISHA BATRA, J (ORAL):-
Prayer in this petition is for quashing of FIR No.333 dated
21.12.2023 registered under Sections 420 and 406 of IPC and Section 13 of
Punjab Travel Professionals (Regulation) Act, 2014 registered at Police
Station Phillaur, District Jalandhar Rural and all subsequent proceedings
arising therefrom on the basis of compromise dated 29.05.2024 (Annexure
P-2).
2. This Court vide order dated 12.09.2024 had directed the parties
to appear before the learned 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
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Neutral Citation No:=2024:PHHC:140205
learned Sub Divisional Judicial Magistrate, Phillaur and got their statements
recorded. On the basis of the statements so recorded, Learned Magistrate has
submitted report dated 07.10.2024 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
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 learned 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 FIR No.333 dated 21.12.2023 registered under
Sections 420 and 406 of IPC and Section 13 of Punjab Travel Professionals
(Regulation) Act, 2014 registered at Police Station Phillaur, District
Jalandhar Rural and all subsequent proceedings arising therefrom on the
basis of compromise dated 29.05.2024 (Annexure P-2) are quashed qua the
petitioner.
[MANISHA BATRA] JUDGE 24th October, 2024 Parveen Sharma
1. Whether speaking/ reasoned : Yes / No
2. Whether reportable : Yes / No
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