Narinder Kumar vs State Of Punjab And Another
2024 Latest Caselaw 18910 P&H

Punjab-Haryana High Court

Narinder Kumar vs State Of Punjab And Another on 25 October, 2024

                                        Neutral Citation No:=2024:PHHC:140502



CRM-M-54866-2023(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

258                                             CRM-M-54866-2023(O&M)
                                                Date of Decision: 25.10.2024


NARINDER KUMAR                                        ....Petitioner
                       VERSUS
STATE OF PUNJAB AND ANOTHER                           ....Respondent

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Kiran Kumar Madan, Advocate for the petitioner.

              Mr. Satjot Singh, AAG, Punjab.

              Ms. Ravinder Kaur, Advocate for
              Mr. Yamin, Advocate for respondent no.2.

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 482 of Code

of Criminal Procedure for quashing of FIR No.18 dated 18.10.2019 under

Sections 406, 420, 506, 380 and 120-B of IPC registered at Police Station

NRI, District Jalandhar and all the subsequent proceedings arising

therefrom, on the basis of compromise dated 03.07.2020 (Annexure P-2).

2. This Court vide order dated 21.02.2024 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, (NRI Court), Jalandhar and got their

statements recorded. On the basis of the statements so recorded, learned

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Neutral Citation No:=2024:PHHC:140502

CRM-M-54866-2023(O&M)

Magistrate has submitted report dated 22.08.2024 to the effect that the

compromise has been effected between the parties voluntarily and without

any coercion or undue influence. It is also stated that statement of

respondent no.2 has been recorded through her Special Power of Attorney

holder.

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.18 dated 18.10.2019 under

Sections 406, 420, 506, 380 and 120-B of IPC registered at Police Station

NRI, District Jalandhar and all subsequent proceedings arising therefrom on

the basis of compromise dated 03.07.2020 (Annexure P-2) are quashed qua

the petitioner.

( MANISHA BATRA ) 25.10.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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