Swatantar Sony vs State Of Punjab And Anr
2024 Latest Caselaw 17331 P&H

Punjab-Haryana High Court

Swatantar Sony vs State Of Punjab And Anr on 18 September, 2024

                                        Neutral Citation No:=2024:PHHC:123543



CRM-M-38149-2024(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

280                                             CRM-M-38149-2024(O&M)
                                                Date of Decision: 18.09.2024


SWATANTAR SONY                                        ....Petitioner

                                    VERSUS

STATE OF PUNJAB AND ANR                               ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. M.S. Bhatti, Advocate for the petitioner.

              Mr. Satjot Singh, AAG, Punjab.

              Mr. Sauman S. Gill, Advocate for
              Mr. J.S. Johal, 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.163 dated 04.12.2023 under

Sections 420 IPC registered at Police Station City Nawanshahar District

SBS Nagar, Punjab and all the subsequent proceedings arising therefrom, on

the basis of compromise (Annexure P-2).

2. This Court vide order dated 08.08.2024 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, Shaheed Bhagat Singh Nagar and got their

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Neutral Citation No:=2024:PHHC:123543

CRM-M-38149-2024(O&M)

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

Magistrate has submitted report dated 10.09.2024 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.163 dated 04.12.2023

under Sections 420 IPC registered at Police Station City Nawanshahar

District SBS Nagar, Punjab and all subsequent proceedings arising therefrom

on the basis of compromise (Annexure P-2) are quashed qua the petitioner.

( MANISHA BATRA ) 18.09.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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