Citation : 2024 Latest Caselaw 17670 P&H
Judgement Date : 23 September, 2024
Neutral Citation No:=2024:PHHC:125951
CRM-M-39702-2024(O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
280 CRM-M-39702-2024(O&M)
Date of Decision: 23.09.2024
JAGJIT SINGH AND ANR ....Petitioners
VERSUS
STATE OF PUNJAB AND ANOTHER ....Respondents
CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. J.P. Sharma, Advocate for the petitioners.
Mr. Amandeep Singh Samra, AAG, Punjab.
Mr. Suresh Kumar, 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.101 dated 13.04.2019 under
Sections 406, 420 and 120-B of IPC and Section 24 of Immigration Act
registered at Police Station Dera Bassi, District SAS Nagar (Mohali) and all
the subsequent proceedings arising therefrom, on the basis of compromise
dated 26.06.2024 (Annexure P-2).
2. This Court vide order dated 14.08.2024 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 Judicial Magistrate 1st Class, Dera Bassi and got their statements
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Neutral Citation No:=2024:PHHC:125951
CRM-M-39702-2024(O&M)
recorded. On the basis of the statements so recorded, learned Magistrate has
submitted report dated 18.09.2024 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.101 dated 13.04.2019
under Sections 406, 420 and 120-B of IPC and Section 24 of Immigration
Act registered at Police Station Dera Bassi, District SAS Nagar (Mohali)
and all subsequent proceedings arising therefrom on the basis of
compromise dated 26.06.2024 (Annexure P-2) are quashed qua the
petitioners.
( MANISHA BATRA ) 23.09.2024 JUDGE Deepak Patwal
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No
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