Nirmal Singh And Another vs State Of Punjab And Others
2024 Latest Caselaw 16350 P&H

Punjab-Haryana High Court

Nirmal Singh And Another vs State Of Punjab And Others on 5 September, 2024

                                       Neutral Citation No:=2024:PHHC:116610



CRM-M-32471-2024(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

278                                            CRM-M-32471-2024(O&M)
                                               Date of Decision: 05.09.2024


NIRMAL SINGH AND OTHERS                                     ....Petitioners

                                   VERSUS

STATE OF PUNJAB AND ANOTHER                                 ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Sudhir Rana, Advocate for the petitioners.

              Mr. Satjot Singh, AAG, Punjab.

              Mr. Saurabh Savar, Advocate for
              Mr. Krishan Sehajpal, Advocate for respondent No2.

              Respondent No.3 (name deleted vide order dated 11.07.2024).

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 482 of Code

of Criminal Procedure for quashing of FIR No.69 dated 03.06.2023 under

Sections 406, 419, 420, 465, 467, 468, 201 and 120-B of IPC (Section 201

IPC added later on) registered at Police Station Mullanpur District SAS

Nagar (Mohali) and all the subsequent proceedings arising therefrom, on the

basis of compromise dated 15.05.2024 (Annexure P-2).

2. This Court vide order dated 11.07.2024 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.

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Neutral Citation No:=2024:PHHC:116610

CRM-M-32471-2024(O&M)

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

learned Judicial Magistrate 1st Class, Kharar and got their statements

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

submitted report dated 27.08.2024 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.69 dated 03.06.2023 under

Sections 406, 419, 420, 465, 467, 468, 201 and 120-B of IPC (Section 201

IPC added later on) registered at Police Station Mullanpur District SAS

Nagar (Mohali) and all subsequent proceedings arising therefrom on the

basis of compromise dated 15.05.2024 (Annexure P-2) are quashed qua the

petitioners.

( MANISHA BATRA ) 05.09.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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